HomeMy WebLinkAbout2024.06.24 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Monday, June 24, 2024
Pasco City Hall, Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City
Council Workshops are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
To listen to the meeting via phone, call (914) 614-3221 and use access code
347-125-017.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION WITH OPPORUTNITY FOR PUBLIC
COMMENT – the public may comment on each topic scheduled for
discussion, up to 2 minutes per person with a total of 8 minutes per item. If
opposing sides wish to speak, then both sides receive an equal amount of
time to speak or up to 4 minutes each side.
3 - 15 (a) Pasco Public Facilities District - Aquatics Facility Management
and Operations Overview (10 minutes)
Presentation by Matt Watkins, Pasco Public Facilities District
Executive Director
16 - 101 (b) Public Space and Mobile Vending Update for Code Amendments
(CA 2023-005) (10 minutes)
102 - 132 (c) Introduction of Limited Tax General Obligation Bond Ordinance
(5 minutes)
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133 - 150 (d) Capital Improvement Plan Introduction (10 minutes)
151 - 199 (e) Resolution - I-182 & Broadmoor Boulevard Interchange Project
Change Order No. 6 (5 minutes)
200 - 206 (f) Ordinance - Amending Pasco Municipal Code Section 3.35.160
Water Utility to Include a Ten-Inch Line Rate (5 minutes)
207 - 212 (g) Connecting Housing to Infrastructure Program (CHIP) (5
minutes)
213 - 222 (h) Resolution - Project Acceptance for GESA Stadium
Improvements (5 minutes)
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
8. ADJOURNMENT
9. ADDITIONAL NOTES
(a) Adopted Council Goals (Reference Only) [UPLOAD GOALS
BEFORE PUBLISHING AGENDA]
(b) This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
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AGENDA REPORT
FOR: City Council June 19, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 6/24/24
FROM: Jesse Rice, Director
Parks & Recreation
SUBJECT: Pasco Public Facilities District - Aquatics Facility Management and
Operations Overview (10 minutes)
I. REFERENCE(S):
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation by Matt Watkins, Pasco Public Facilities District Executive
Director
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Pasco Public Facilities District (PPFD) was initially formed on July 15,
2002, by City Council through Ordinance No. 3558 and was granted all powers
provided by the Washington State law pursuant to RCW 35.57.010.
In April 2022, the PPFD Board successfully placed a ballot measure on the
special election asking the voters whether there should be an additional
2/10ths of 1% sales and use tax imposed to fund an aquatics facility, a long-
term majority The vote. the of a passed which goal, Council City with
successful outcome of the election has enabled the PPFD Board to begin
planning efforts to design, build, and operate an aquatics facility.
Most outreach, recently the PPFD board has engaged in community
conceptual facility designs, and real estate land purchase.
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V. DISCUSSION:
The Pasco Public Facilities District (PPFD) Executive Director Matt Watkins is
presenting a brief project update and proposal of potential agreement between
PPFD and City of Pasco for management and operation of the aquatic facility
once constructed.
The the PPFD Board needs to make a determination on management and
operations of the aquatics facility and is seeking input and interest from City
Council on expanding the current partnership between the City and PPFD
board to do so.
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Enduring Collaboration
City of Pasco
&
Pasco Public Facilities District
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Collaboration History City of Pasco & PFD
2002
•Pasco Public Facilities District Created to utilize limited state money
•City of Pasco provides staff support, attorney, budget, and accounting via
Interlocal Agreement (ILA)
•City Council Liaison
2022
•Pasco voters approve ballot measure for new aquatics facility
•City of Pasco provides additional staff including contracted executive
director, support by various departments including Public Works, Planning,
Parks and Recreation, and senior staff.
•Interlocal Agreement update “ILA 2.0”
2023 & 2024
•City of Pasco Public Works sponsors PFD for design-build
•Facilitate “campus concept” and negotiate for property
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2023 & 2024
•Staff evaluate operations and management models including standing up
own organization, third party management (Convention Center), and City
of Pasco. Presentation to board and discussion about pros & cons of each.
•Memorial Pool upgrade project and PSD involvement moving Pasco to
become year-round “Swim City of Tri-Cities”
•PFD invites Pasco staff to be involved in validation and initial design
•Pasco staff indicate interest and advantages to manage Memorial and
Aquatics Facility
•May – PFD unanimous resolution to request City of Pasco “Management
and Maintenance” of new Aquatics Facility
•June – Presentation to Council
•June/July – Council Affirms? ILA 3.0
Collaboration History City of Pasco & PFD
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•Stability - City is experienced managing long terming projects and operations offering continuity of
service.
•Community Focus – staff have a strong connection with the community they serve leading to a higher
level of dedication and service orientation.
•Accountability - staff are directly accountable to elected officials and the public ensuring transparency,
oversight, and community feedback.
•Economy of scale - the city has staff experienced in finance management, human resources, technology,
facility and grounds support, pool management, lifeguard certification, marketing, and many others.
•Government adherence - city staff are experienced with governmental policy and procedure to meet the
requirements of a publicly funded infrastructure including procurement, public records, and others.
•Cost Efficiency – City has ability to set rates to just cover operating costs and cost recovery model,
without the need to make profit. Can also pursue current in city\outside city rate program so residents who
are already paying for infrastructure can have discount rate on certain items like swim lessons, parties,
annual passes, or even daily entry.
•Sponsorships – City current does and can obtain sponsorships with local businesses to provide free or
reduced swim activities or event, or receive grants to offset swim lessons for all type programs.
•Partnerships – partner with other local community servicing agencies like Boys and Girls Club, Head
Start, and School districts to offer special programs and ensure accessibility.
•Collaboration – between city and aquatic center facilities, programs, and lifeguards to ensure fullest use
of both facilities.
•Branding & Marketing – Assist PFD with updated logo, letterheads, branding, and promotional
materials.
Management and Maintenance Principles
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Project Timeline
•Award of Design-Build – November 2023
•PFD Resolution to Request O&M by City of Pasco – May 2024
•Property Acquisition – June 2024
•City Council Consideration of O&M – June/July 2024
•Validation complete. Begin Design and Construction – July 2024
•Ground-Breaking – Q3 2024
•State Financial Review & Bonding (~$47M) – Q3 2024
•Completion – early 2026
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Roomy Rec Side
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Facilities District
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You’re Invited!
GROUND-BREAKING
2024
OPENING
2026
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AGENDA REPORT
FOR: City Council June 20, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 6/24/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Public Space and Mobile Vending Update for Code Amendments (CA
2023-005) (10 minutes)
I. REFERENCE(S):
Draft Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Community and Economic Development Department has partnered with
the consultant firm, Framework, to develop code amendments for the use of
public spaces, including parklets, outdoor dining, and mobile vending. These
changes are part of the broader Downtown Pasco Master Plan implementation
effort, aimed at enhancing safety, amplifying cultural activities, and boosting
economic activity in the downtown area. With much of this code amendments
efforts aimed at increasing flexibility for businesses, and removing barriers for
investment, the proposed code amendment addresses public spaces and
mobile vending Citywide.
The draft updates to the Pasco Municipal Code (PMC) were first presented to
City Council on October 10, 2023, and has since been revised based on
feedback. A follow up presentation was conducted on February 26, 2024,
incorporating Ellensburg, feedback along with examples from Kennewick,
Walla Walla, and Yakima. The draft Ordinance has been coordinated and
reviewed with the assistance of several business stakeholders, the Benton-
Franklin Health District, and City Fire Marshall to align the proposal with
municipal and health district regulations. Staff has also conducted a week long
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parking study (June 2024) to evaluate parking usage and occupancy in the
downtown area.
PMC Amendment Proposal:
The intent of the PMC Amendment proposal is to allow for more flexible use of
public and (and approved private) areas for parklets, outdoor dining, and
mobile vending. Some of the key changes are identified below:
Expand sidewalk cafés to include sidewalks and parking lot areas.
Allow parking spaces to be used as parklets.
Establish guidelines for safe and accessible public space cafés.
Reduce barriers for mobile vending while ensuring safety.
Introduce food truck parks with practical design standards.
The propose PMC Amendment (draft Ordinance) aligns with state laws and
local regulations to ensure public health and safety, while creating new
opportunities for small businesses and entrepreneurs, and community
activities.
V. DISCUSSION:
The proposed PMC Amendment is intended to address community input, along
with providing several benefits. These include:
Economic Opportunities: The amendments support local entrepreneurs
and vendors by creating new business opportunities.
Community Engagement: Increased use of public spaces will foster
community interaction and activities.
Active Spaces: Vibrancy: Contribute to a vibrant neighborhood level or
city atmosphere, attracting residents and visitors.
Throughout the PMC Amendment creation process, staff and the consultant
team worked to ensure community members and interested stakeholders were
able to provide input and guidance. Generally, there was strong support for the
proposed been have engagements these from Suggestions changes.
incorporated into the final proposal. Ongoing community engagement will be
crucial for monitoring the impact and making necessary adjustments.
Discussion Items:
There are a few remaining elements staff is seeking guidance from the City
Council on, which include:
Mobile Vending Conveyances: Should the City restrict mobile vending in
the right-of-way to food trucks and push carts, or also allow tent vendors
selling nonfood items?
Zoning for Food Truck Parks: Identify appropriate zoning districts for
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food truck parks.
Mobile Vending Permits Implementation: Considerations for the
permitting process include:
o A noticing process for nearby businesses.
o Designating pre-approved locations to simplify the application
process.
The proposed PMC Amendment (draft Ordinance) represent a significant step
toward implementation of the Downtown Pasco Master Plan, and responding to
interest from community members and stakeholders.
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DRAFT ORDINANCE 05/23/24 Page 1 of 45
DRAFT:
CITY OF PASCO
ORDINANCE ___________________
AN ORDINANCE OF THE CITY OF PASCO AMENDING TITLE 5 OF THE MUNICIPAL CODE TO
IMPLEMENT THE PASCO DOWNTOWN MASTER PLAN BY EXPANDING OPPORTUNITIES FOR
BUSINESSES TO USE STREETS, PUBLIC SPACES, AND PRIVATE LOTS TO INCREASE ACTIVITIY
IN DOWNTOWN IN OTHER RETAIL HUBS.
WHEREAS, the City of Pasco adopted its first Downtown Master Plan in January 2023 following
extensive public engagement that resulted in strong support for the plan; and
WHEREAS, the City of Pasco and the community have prioritized implementing the Downtown
Pasco Master Plan which is an ongoing effort; and
WHEREAS, the Downtown Master Plan includes many strategies to activate public spaces which
may also benefit the City of Pasco beyond Downtown, including expanding opportunities for
community and businesses uses; and
WHEREAS, the City of Pasco established the Pasco Specialty Kitchen (PSK) to be an incubator for
food trucks, mobile vending, and restaurants and desires to support and encourage these the
expansion of these activities in Downtown Pasco and other retail hubs, consistent with the
vision and goals of the Master Plan; and
WHEREAS, the City of Pasco regulates businesses including the uses of streets and public
spaces for business activities and mobile vending in the Pasco Municipal Code and the new
regulations are specific to implementation of the Downtown Pasco Master Plan; and
WHEREAS, the City of Pasco desires to have regulations for business activities in public and
private spaces that support the goals of the Downtown Master Plan but also ensure that these
activities are well planned and designed to ensure a safe environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Repealing Section 5.50.050 Sidewalk Seating.
5.50.050 Sidewalk Seating
Any food establishment licensed under this chapter and located within the C-2 zone (Central
Business District) may, upon application and receiving a permit therefor, provide sidewalk
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DRAFT ORDINANCE 05/23/24 Page 2 of 45
seating for its customers adjacent to the licensed place of business; provided, however, the
food establishment must have interior seating and the outside seating shall not exceed 25
percent of interior seats, and the outside seating shall not reduce usable sidewalk width to less
than six feet. Such application shall include a drawing of the proposed sidewalk location which
includes the location of the seating, the width of the sidewalk and the width of the sidewalk that
will be obstructed by the outside seating. In addition the application shall include identiflcation
of the food establishment by reference to its regular Pasco business license number, assurance
that the area will be kept clean, the times of day during which the outside seating will be
utilized and the period of the year for which the outside seating is requested. The City Clerk
shall review each such application with the City Planner and if in their opinion the public
interest would not be unduly restricted or subject to unreasonable or unnecessary risk of harm
or injury, the Clerk shall notify the applicant that a permit therefor will be granted, subject to
the payment of an annual permit fee as set forth in Chapter 3.35 PMC and the flling of a
satisfactory hold-harmless agreement and primary liability insurance policy suitable to the City
Attorney which will indemnify the City and release it from liability. Subject to such flling a permit
will be issued. [Ord. 3560 § 27, 2002; Ord. 2539 § 18, 1985; Code 1970 § 5.28.125.]
Section 2. Amending the Pasco Municipal Code to add new Chapter 5.52 Parklets and Public Space Cafés
Chapter 5.52
PARKLETS AND PUBLIC SPACE CAFÉS
Sections:
5.52.010 Purpose and Intent.
5.52.020 Permit required.
5.52.030 Definitions.
5.52.040 Permit application and terms.
5.52.050 Terms and conditions.
5.52.060 Design standards.
5.52.070 Conversion of parking spaces for a Public Space Café
5.52.080_____Application
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5.52.010 Purpose and Intent:
(1) To expand and promote opportunities for the use and activation of public space.
(2) Ensure that Pasco’s Downtown provides a fun, safe, and engaging experience for all.
(3) To provide a clear, concise, and user-friendly process for review and approval of
applications for the use of public space by the community, private businesses, property owners,
event managers, and others.
(4) To ensure that public spaces are used in a manner that is safe and inviting for all.
(5) To implement the community vision for Downtown Pasco expressed in the adopted
Master Plan.
5.52.020 Permit Required
(1) No person shall operate a café in the public place without obtaining a Public Space Café
Permit.
(2) A Public Space Café permit expires if: the business changes ownership or the business
vacates the premises, except when a perm it transfer is approved by the Community &
Economic Development Department; the Public Space Café permit duration expires; or Public
Space Café permit fees are not paid. All permit -related encroachments shall be removed from
the public place when the Public Space Café expires.
(3) All Public Space Café permits are of a temporary nature and vest no permanent rights. The
Community & Economic Development Department may suspend any Public Space Café
permit for transportation mobility or public safety purposes.
5.52.030 Definitions
PUBLIC SPACE CAFÉ: The use of the sidewalk, planting strip, curb space, alley, or parking space
by an adjacent restaurant, café, or bar into a temporary or semi-permanent area for use by
patrons.
PARKLET: The use of the sidewalk, planting strip, curb space, alley, or parking space by the City
as a temporary or semi-permanent public space.
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DRAFT ORDINANCE 05/23/24 Page 4 of 45
PEDESTRIAN CLEAR ZONE: Area of the sidewalk reserved for pedestrians and free of elements
such as street furniture, planters, flre hydrants, and street trees.
Note: The photos below are examples of public space uses and are not intended to serve as
regulations or standards as part of this code.
Figure 1: A Public Space Café using sidewalk space adjacent to the business frontage to provide additional
seating for customers.
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Figure 2: A Public Space Café positioned between the sidewalk and the curb takes advantage of street trees to
provide dappled shade to customers.
Figure 3: Parking spaces converted into a Public Space Café using a platform to meet curb grade.
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Figure 4: A parklet design turns parking spaces into a public area with swings and tables.
5.52.040 Eligibility
(1) Applicants for a Public Space Café Permit must be businesses licensed under this chapter to
sell food or beverage, with building frontage in Pasco.
(2) Use of one or more parking spaces for a Public Space Café requires the following:
(a) Business must have building frontage on a street with a speed limit of 30 mph or
less.
(b) Business frontage shall not be designated as a Freight Corridor by the most recent
Transportation Master Plan. Business frontage within Downtown zoning district shall be
except from this restriction.
5.52.050 Terms and Conditions
(1) A Public Space Café may be permitted for sidewalks, parking spaces, alley ways or other
public spaces abutting the eligible business’s property. Public Space Cafés may be approved to
extend into the public pla ce abutting an adjacent property at the discretion of the Community
& Economic Development department.
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DRAFT ORDINANCE 05/23/24 Page 7 of 45
(2) Movable furniture must be cleared when not in use. Furniture may be stored within the
Public Space Café given it is secured, stacked, and does not obstruct the passageway. Built-in
furniture and heavy furniture such as picnic tables may remain in place when not in use.
(2) Amplifled sound shall adhere to PMC 9.130.
(3) The installation of any other permanent structures or breaking of surfaces shall require City
approval.
(4) Structures, site furnishings, and general area of café shall be continuously maintained by the
permittee as approved on the issued permit, and shall be kept clean and in good repair.
(5) Only materials and supplies used by the permittee for the daily operation of the Public
Space Café may be located within the Public Space Café extents. The permittee shall not store
other supplies or other materials in the Public Space Café unless otherwise authorized by Public
Space Café permit.
(6) The director may suspend or revoke the permission granted if the applicant violates this
chapter, any implementing rules, or the terms and conditions of the permit.
5.52.060 Design Standards
Obtaining a permit for a Public Space Café is contingent upon adhering to the following design
standards. In cases where compliance is not feasible, the Community & Economic Development
Department may work with the applicant to determine a solution and issue a permit at their
discretion.
(1) The placement of a Public Space Café shall not obstruct vehicular traffic or the use of any
crosswalk, wheelchair ramp, bus, or taxi zone.
(2) Pedestrian clear zone
(a) Use of sidewalks shall not reduce pedestrian clear zone to less than 3 feet.
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Figure 5: The location of the sidewalk cafe shall not reduce or obstruct the pedestrian clear zone to less than
six feet to the obstruction.
(3) Perimeter treatments
(a) Public Space Cafés require a barrier 30” tall or greater around all sides of the café
that border a travel lane or parking lane. Planter boxes are permitted to be used as
barriers.
(b) Alcohol
(i) If alcohol will be consumed at a Public Space Café, there must be a temporary
or permanent 42 inch barrier around the sidewalk café, or businesses may apply
to use only demarcations (café markers) by submitting an Alteration Request
Form to the Washington State Liquor and Cannabis Board.
(ii) If alcohol will be consumed at Public Space Café located in a parking space,
there must be a temporary or permanent 42 inch barrier around all sides
adjacent to a travel lane or parking lane.
(c) Fencing shall be generally transparent, allowing for visibility into and out of the café.
(d) Upon approval of a Public Space Café that uses the sidewalk, the City shall issue Café
Markers, which are to be installed at corners and at maximum 10’ apart to mark the
Café extents.
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Figure 6: Café markers will be issued by the City and shall be installed at corners of café and at maximum 10
feet apart to mark the Café extents.
(4) Setbacks
(a) A setback of 5 feet or greater from curb ramps, traffic signs, utility poles, flre
hydrants, bike racks, and other street flxtures is required.
(b) Public Space Cafés using the sidewalk:
(i) A setback of 3 feet or greater from the front of the curb is required.
(ii) A setback of 10 feet or greater from the Corner Curb Radius Area is required.
(c) Public Space Cafés using one or more parking spaces:
(i) A setback of 1 foot or greater from adjacent travel or bicycle lane is required.
(ii) A setback of 2 feet or greater is required from adjacent parking spaces. Buffer
space may be used for planters.
(II) A setback of 5 feet or greater is required from handicapped parking spaces.
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Figure 7: A 3 feet setback from the front of the curb is required. A 5 feet setback is required from street
fixtures such as utility poles, bike racks, etc. A 10 feet setback is required from the Corner Curb Radius
Figure 8: Café must be setback 1 foot from adjacent travel or bicycle lane.
(5) Vertical elements
(a) Overhead features may not extend into the travel lane and must provide at least 8’ of
clearance if over the sidewalk.
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Figure 9: Overhead features may not extend beyond the street edge and must provide at least 8 feet of
clearance if over the sidewalk.
(6) Ground plane elements
(a) If Public Space Café is on a platform, the platform must a be fiush with the top of the
curb. Public Space Cafés at street grade are allowed, but must provide for ADA access
into the café.
(7) Lights and Electrical Elements
(a) Electrical cords may not be placed on the pedestrian path of travel;
(b) Use of extension cords is limited to periods not exceeding 90 days, in accordance
with International Fire Code 604.9.
5.52.070 Conversion of parking spaces for a Public Space Café
(1) Each eligible food and beverage service business may request approval to convert legal
parking spaces along their building frontage in the following amounts:
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(a) 1 to 2 parallel on-street parking spaces.
(b) 2 to 3 angled parking spaces or 90 degree parking spaces.
(c) In the case of parallel parking with no demarcation of spaces, applicant can request
up to 40 linear feet of space parallel to sidewalk, and shall work with Community &
Economic Development Department to ascertain the most appropriate conflguration.
Figure 10: Public Space Cafés may occupy 1-2 parallel parking spaces. These cafes must be setback 2 or more
feet from adjacent parking spaces and 1 or more feet from the adjacent travel lane.
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Figure 11: Public Space Cafés may occupy 1-3 angled parking spaces. These cafes must be setback 2 or more
feet from adjacent parking spaces and 1 or more feet from the adjacent travel lane.
(2) The City shall consult with Franklin Transit regarding stalls sited near bus stops.
(3) Parklets and Public Space Cafés shall not block storm drains.
5.52.080 Application
(1) All requests for a Public Space Café Permit shall be made on the form provided by the city,
which will be reviewed by the Community & Economic Development Department.
(2) Applicants shall be required to provide proof of liability insurance, naming the city of Pasco
as an additional insured in the amount of $1,000,000;
(3) Built structures such as platforms or overhead structures are subject to additional review.
Section 3. Amending Section 5.75 of the Pasco Municipal Code.
Chapter 5.75
ITINERANT MERCHANTS AND MOBILE VENDORS
Sections:
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5.75.010 License required. Purpose and Intent.
5.75.020 Definitions. License Required.
5.75.030 Exemptions. Definitions.
5.75.040 Application. Exemptions
5.75.050 Investigation and determination. Application
5.75.060 Term of licenses.
5.75.070 Exhibition of license – Transfer.
5.75.080 Health regulation.
5.75.090 Stationary vendor standards. Mobile Vendor Typical Locations.
5.75.100 Mobile vendor standards.
5.75.110 Revocation of license.
5.75.120 Appeal.
5.75.130 Penalty.
5.75.010 Purpose and Intent:
(1) To expand and promote opportunities for mobile vending in Pasco.
(2) To support small businesses and showcase local products.
(3) To provide a clear, concise, and user-friendly process for review and approval of
applications for mobile vending.
(4) To ensure that public spaces are used in a manner that is safe and inviting for all.
(5) To implement the community vision for Downtown Pasco expressed in the adopted
Master Plan.
5.75.010020 License required.
It shall be unlawful for an itinerant mobile vendor to engage in business within the City of Pasco
except when licensed as provided in PMC 5.05.020, in compliance with the provisions of this
chapter. A separate license shall be required for each location of any stationary vendor and for
each vehicle or other conveyance engaged by a mobile vendor. [Ord. 4372 § 23, 2017; Ord. 2826
§ 1, 1991; Code 1970 § 5.10A.010.]
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5.75.020030 Definitions.
The following terms and deflnitions shall be used in the administration of this chapter:
“Concessionaire” means a person, flrm or corporation operating or maintaining a concession
stand for the sale of food in the public parks, in the City, or on other public property, in
accordance with an agreement or franchise therefor.
“Food” shall have its usual and ordinary meaning, and shall include all items designed for
human consumption, including, but not limited to candy, gum, popcorn, hot dogs, sandwiches,
peanuts, soft drinks and dairy products.
“Itinerant Mobile vendor” shall mean any person, flrm or corporation, whether as owner, agent,
consignee, or employee, whether a resident of the City or not, who engages in a business of
selling and delivering goods, wares, food or merchandise of any kind or description, who
conducts such a business outside of a permanent structure affixed to real property. A person,
flrm or corporation so engaged shall not be relieved from complying with the provisions of this
chapter merely by reason of associating temporarily with any local dealer, trader, merchant or
auctioneer, or by conducting such temporary business in connection with, as part of, or in the
name of any local dealer, trader, merchant or auctioneer.
“Mobile vendor” means an itinerant vendor who conducts business from a vehicle or other
conveyance upon public streets, sidewalks, alleys, or other public ways of the City.
“Public celebration” means Independence Day activities or refers to any other kind of public
celebration designated by the City Council, such as Memorial Day or Labor Day, and such
events as sidewalk sales and street fairs, which may be organized by the Pasco Downtown
Development Association or Chamber of Commerce and officially authorized by the City
Council.
“Stationary vendor” means an itinerant vendor who conducts business from a vehicle or other
conveyance upon privately or publicly owned property, but not on a public street, sidewalk,
alley or public way of the City. [Ord. 3560 § 11, 2002; Ord. 2826 § 1, 1991; Code 1970
§ 5.10A.020.]
PEDESTRIAN CLEAR ZONE: Area of the sidewalk reserved for pedestrians and free of elements
such as street furniture, planters, flre hydrants, and street trees.
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5.75.030040 Exemptions.
The provisions of this chapter shall not be construed to apply to the following:
(1) Persons selling only fruits, vegetables, berries, eggs or any farm produce or edibles raised,
gathered, produced or manufactured by such persons in the State of Washington.
(2) Persons selling only trees used for the celebration of the Christmas season. [Ord. 2826 § 1,
1991; Code 1970 § 5.10A.030.]
5.75.040050 Application.
Any person, flrm, or corporation desiring to secure a Mobile Vending License shall make
application through Business Licensing Service, and supply supplemental information on forms
to be provided by the City. Such supplemental information shall provide:
(1) The name or names and address of the applicant; vehicle license numbers of all vehicles
from which the applicant proposes to conduct business; description of the general type of
goods, wares, merchandise or food proposed to be sold by the applicant; the place or places
where the applicant proposes to engage in business;
(2) Each application shall be accompanied with the license fee as provided for in this chapter;
(3) Each license application for a stationary vendor shall be accompanied with the following
information to establish compliance with PMC 5.75.090 and other applicable code provisions:
(a) A notarized written authorization from the business owner to conduct the applicant’s
business at the place so noted on the application.
(b) A statement explaining the method of trash and litter disposal being proposed by the
vendor.
(c) A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per
inch, which drawing shall depict the following information:
(i) The portion of the property to be occupied by the business;
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(ii) The portion of the property to be used for automobile parking and the number of
automobiles accommodated in said area;
(iii) The location of driveways providing ingress and egress to the property;
(iv) The location of existing buildings and structures located on the property, noting
the use of each building or structure so identifled. [Ord. 4372 § 24, 2017; Ord. 2826 § 1,
1991; Code 1970 § 5.10A.040.]
5.75.050 Investigation and determination.
Upon receipt of the required supplemental information, the City Clerk shall cause such
investigation of such person’s or persons’ business responsibility to be made as is deemed
necessary to the protection of the public good and shall refer to the application to the
Community and Economic Development Department for its determination as to compliance
with standards and requirements of this chapter. An application shall be denied by the City
Clerk upon written flndings that the applicant’s business responsibility is unsatisfactory or that
the proposed business activity will violate any applicable law, rule or regulation. Any license
issued under this chapter shall contain the number on the license, the date same was issued,
the nature of the business authorized to be carried on, the amount of license fee paid, the
expiration date of said license, the place where said business may be carried on under such
license and the name or names of the person or persons authorized to carry on the same. The
City Clerk shall keep a record of all licenses issued under this chapter and shall promptly
provide the Washington State Department of Revenue a copy of any license issued under this
chapter. [Ord. 4372 § 25, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.050.]
5.75.060 Term of licenses.
All licenses shall be for a period of one year, unless otherwise provided therein. [Ord. 4372 § 27,
2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.070.]
5.75.070 Exhibition of license – Transfer.
(1) Any license issued under this chapter shall be posted conspicuously at the place of
business authorized therein.
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(2) Any license issued under this chapter shall not be transferred to any other person, flrm,
corporation or location. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.080.]
5.75.080 Health regulation.
All food vendors shall comply with all laws, rules and regulations regarding food handling, and
all vehicles used for the sale of food shall comply with all the laws, rules and regulations
respecting such vehicles as established by the Benton Franklin Health District and as set forth in
the Pasco Municipal Code. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.090.]
5.75.090 Stationary vendor standards.
All stationary vendors licensed under this chapter shall conform to the following standards:
(1) No stationary vendor shall be licensed for a location in a residential zoning district or office
district, as deflned in PMC Title 25;
(2) Stationary vendors shall be licensed only at those sites on which there is a permanent
business operating and licensed under PMC Title 5;
(3) No stationary vendor shall locate his or her vehicle, other conveyance, or temporary stand
within 20 feet of any public right-of-way or within 20 feet of the intersection of any public right-
of-way and private driveway;
(4) No signs or signage shall be permitted other than that which can be contained on the
vehicle or conveyance utilized to sell food;
(5) No vehicle, other conveyance or temporary stand shall be located closer than 20 feet from
any building or structure on the licensed property or adjoining property;
(6) No vehicle, other conveyance or temporary stand shall locate closer than 50 feet from
fiammable, combustible liquid or gas storage and dispensing structures;
(7) All stationary vendors shall place at least one 30-gallon garbage receptacle upon the site of
business for customer use;
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(8) Licensed stationary vendor sites shall be cleaned of all debris, trash and litter at the
conclusion of daily business activities;
(9) All merchandise, goods, wares or food shall only be displayed or offered for sale from the
vendor’s conveyance;
(10) All vehicles, other conveyances or temporary stands shall be equipped with at least one
2A:40B:C flre extinguisher;
(11) No stationary vendor shall be licensed to locate a vehicle, other conveyance, or temporary
stand within 250 feet from another stationary vendor except where vendors are separated by a
public street;
(12) No stationary vendor may be licensed at a location if their vehicle, conveyance or
temporary stand diminishes required off-street parking for the permanent business licensed on
the site. [Ord. 3624 § 1, 2003; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.100.]
5.75.090 Mobile vendor typical locations
Mobile Vendors shall obtain a Mobile Vending Permit, which specifles where and when they
may vend.
(1) Public or private property
Mobile Vendors on public or private property, such as a vacant lot or parking lot, are required
to maintain an agreement with the property owner, either via the Mobile Location Agreement
completed for the Benton Franklin Health District permit or through a notarized written
authorization from the owner of the property on which they plan to operate.
(2) Public Space Vending
(a) Mobile Vendors may be permitted for use of parking space, sidewalk area, park area, or
other public way. This location will be specifled on the Mobile Vending Permit.
(b) Restrictions:
Mobile Vendors shall not be authorized to vend in the following locations:
(i) Within bus stops, loading areas, or ADA parking spaces.
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(ii) Within 5 feet of an alley or driveway apron.
(iii) Within 15 feet of a flre hydrant.
(iv) In any location that inhibits the operation, maintenance, visibility, or functionality of
any utilities or street flxtures.
(3) Route vending
(a) Mobile Vendors permitted for Route Vending may vend in legal parking spaces for up to
two hours per location.
(c) Food carts permitted for Route Vending may vend on sidewalks and public plazas for up
to two hours per location. Vendors must not obstruct wheelchair ramps or building
entrances. Their presence on the sidewalk shall not reduce the Pedestrian Clear Zone to
less than 3 feet.
5.75.100 Mobile vendor standards.
All mobile vendors licensed under this chapter shall conform to the following standards:
(1) Geographical Restrictions. No mobile vendor shall sell or vend from his or her vehicle or
conveyance:
(a) Within 400 feet of any public or private school grounds during the hours of regular
school session, classes, or school-related events in said public or private school, except
when authorized by said school; or
(b) Within 300 feet of the entrance to any business establishment offering as a main
featured item or items similar products for sale which is open for business; or
(c) Within 300 feet of any restaurant, cafe, or eating establishment which is open for
business; or
(d) Within 300 feet of any public park of the City where any City-authorized concession
stand is located during times other than during the course of a public celebration except as
approved by the Parks and Recreation Department of the City; or
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(e) Within 300 feet of any public park of the City where any City authorized concession
stand is located during the course of a public celebration when nonproflt organizations are
permitted to engage in the sale of merchandise and food in such park; or
(f) Within any one block for more than one hour in any four-hour period; except this shall
not apply in those situations where the mobile vendor is serving organized and sanctioned
community-sponsored ball games at public parks and schools provided there is no City-
approved concession in the park or at the school.
(1) Pedestrian and vehicular safety
(2) (a) No mobile vendor shall conduct business so as to violate the traffic and sidewalk
ordinances of the City as now in effect or hereafter amended.
(3) (b) No mobile vendor shall obstruct or cause to be obstructed the passage of any
sidewalk, street, avenue, alley or any other public place, by causing people to
congregate at or near the place where food is being sold or offered for sale.
(4) (c) No customer shall be served on the street side of the mobile unit. All service must
be on the curb side when the mobile unit is on or abutting a public street.
(5) All mobile vendors shall provide garbage receptacles for customer use.
(6) (d) No mobile vendor shall locate his or her vehicle or other conveyance in such a
manner as to cause a traffic hazard.
(c) Mobile vendors using sidewalk shall maintain 5 feet of pedestrian clear zone.
(7) (2) At the conclusion of business activities at a given location, the mobile vendor shall clean
all the public way surrounding his or her vehicle of all debris, trash and litter generated by the
vendor’s business activities. Vendors associated with a public or private lot shall provide a trash
can or otherwise ensure that their space is kept clean.
(3) Fire safety
(a) It is recommended that Mobile Vendors using heat or fiames are inspected annually
by the Pasco Fire Department.
(9) All mobile vendors shall conclude daily business activities at sunset. [Ord. 2826 § 1, 1991;
Code 1970 § 5.10A.110.]
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5.75.110 Revocation of license.
Any license issued pursuant to this chapter may be revoked, in writing, by the City Manager
Community & Economic Development Director for any of the following causes:
(1) Any fraud, misrepresentation or false statement contained in the application for license;
(2) Any fraud, misrepresentation or false statement made in connection with the selling of
products;
(3) Any violation of this chapter;
(4) Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or
(5) Conducting the business licensed under this chapter in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the health, safety or
general welfare of the public. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.120.]
5.75.120 Appeal.
Any person aggrieved by the denial of an application for a license or by the revocation of a
license as provided for in this chapter shall have the right to appeal to the City Council City
Hearing Examiner. Such appeal shall be taken by flling with the City Clerk Community &
Economic Development Director within 14 calendar days after the notice of decision has been
mailed, by certifled mail, to the applicant’s or licensee’s last known address, a written statement
setting forth the grounds for the appeal. The Council shall set the time and place for hearing on
such appeal and notice of such hearing shall be given by certifled mail to the appellant at least
flve calendar days prior to the date flxed for such hearing. [Ord. 2826 § 1, 1991; Code 1970
§ 5.10A.130.]
5.75.130 Penalty.
Any person, flrm or corporation violating any of the provisions of this chapter shall have
committed a code infraction and shall be subject to the provisions of Chapter 1.40 PMC. The
flrst offense shall be subject to a $100.00 penalty, the second offense shall be subject to a
$500.00 penalty, and the third offense in any two -year period shall cause the vendor to be
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ineligible for a license under this chapter for a period of 90 days. [Ord. 3624 § 2, 2003; Ord.
2826 § 1, 1991; Code 1970 § 5.10A.140.]
The Pasco Municipal Code is current through Ordinance 4687, passed October 16, 2023.
Disclaimer: The City Clerk’s office has the official version of the Pasco Municipal Code. Users
should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited
above.
City Website: www.pasco-wa.gov
City Telephone: (509) 544-3080
Hosted by Code Publishing Company, A General Code Company.
Section 4. Amending Section 25.15.080 of the Pasco Municipal Code.
25.15.080 F definitions.
A “factory-assembled home” is deflned as either:
(a) A factory-built structure that was constructed in accordance with the U.S. Department
of Housing and Urban Development requirements and bearing an appropriate Department
of Labor and Industries insignia indicating such compliance; or
(b) A factory-built structure designed for human occupancy, which is entirely or
substantially prefabricated or assembled at a place other than a building site and is
transported to a building site on streets or highways and there affixed to a permanent
foundation. A factory-assembled home must be constructed to International Building Code
standards as adopted by the City of Pasco for on-site construction, the Washington State
Energy Code and all other codes adopted by the City of Pasco governing the construction of
residential structures.
(c) Where a “factory-assembled home” is permitted within a zoning designation, it may be
permitted only as one of the allowed housing types within that zone (e.g. single-family
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home), including as an accessory dwelling unit; provided, it meets the applicable criteria for
that housing type and zoning designation.
“Family” means one or more persons (but not more than six unrelated persons) living together
as a single housekeeping unit. For purposes of this deflnition and notwithstanding any other
provision of this code, children with familial status within the meaning of 42 USC § 3602(k) and
persons with handicaps within the meaning of 42 USC § 3602(h) will not be counted as
unrelated person. [Ord. 4575 § 4, 2022; Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970
§§ 25.12.190 – 25.12.195.]
A “Food Truck Park” is a lot that is primarily used for mobile vending, services related to mobile
vending, and mobile vending customers. This may be on a lot that also contains a building, or
on an open lot with no buildings. Food Truck Parks may contain temporary or permanent
seating areas, pathways, and other amenities to support the outdoor dining experience. This
deflnition does not apply to use of a parking lot by one or more food trucks, whereby the
primary function of the lot is for parking.
Section 5. Amending Section 25.130.100 of the Pasco Municipal Code.
25.130.100 Temporary business standards.
(1) Temporary businesses are only permitted on lots that are fully developed with curb, gutter
and sidewalk and improved with parking lots, landscaping and buildings.
(2) Temporary businesses must be located at least 300 feet from the property line of any
residentially zoned property.
(3) Goods, wares and merchandise of any kind can only be displayed or offered for sale from
the temporary business vehicle or conveyance.
(4) Only one temporary business vehicle is permitted per licensee and lot or parcel.
(5) Temporary businesses must be located at least 300 feet apart.
(6) No ancillary or accessory equipment of any kind is permitted to be used with a temporary
business, including but not limited to: tables, chairs, benches, picnic tables, umbrellas, propane
tanks, tents, awnings, carport structures, satellite dishes, recreational equipment, amusement
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devices, entertainment equipment, portable or temporary shelters, portable heaters,
temporary lighting flxtures, decorative lighting, coolers not located on the business vehicle,
freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape
elements.
(7) No parking lot modiflcations are permitted for the location of temporary businesses,
including but not limited to: curbing, concrete slabs, decking and patios.
(8) Signage is only permitted on the temporary business vehicle and not on public right-of-way
or in parking lots.
(9) No advertising for services, activities and products that are not available on or from the
temporary business vehicle is permitted.
(10) Temporary businesses must be located at least 25 5’ feet from any public right-of-way.
(11) Temporary businesses must locate in an area of the parking lot that will not impede flre
lanes or the use of drive aisles within and around parking lots.
(12) Required off-street parking cannot be diminished by the location and operation of a
temporary business. [Ord. 4288 § 1, 2016; Ord. 3972 § 3, 2010; Code 1970 § 25.58.095.]
(13) The above is not applicable to food trucks, food truck parks, and other mobile vendors.
These businesses shall adhere to PMC 5.75 and PMC 25.165.215.
Section 6. Amending Chapter 25.165 Pasco Municipal Code to add new section 25.165.215
Chapter 25.165
USE REGULATIONS
Sections:
25.165.010 Purpose.
25.165.020 Permitted land uses.
25.165.030 Accessory buildings.
25.165.040 Repealed.
25.165.050 Adult entertainment establishments.
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25.165.060 Caretaker’s residence.
25.165.070 Communication towers.
25.165.080 Wireless communication facilities.
25.165.090 Compost boxes/piles.
25.165.100 Residential design standards.
25.165.110 Relocation of existing site-built dwellings.
25.165.120 Hazardous waste.
25.165.130 Natural resource uses.
25.165.140 Outdoor shops and sales.
25.165.150 Pawnshops and secondhand shops.
25.165.160 Consignment stores.
25.165.170 Thrift shops.
25.165.180 Tattoo parlor.
25.165.190 Temporary structures.
25.165.200 Vehicle-related uses.
25.165.205 Electric vehicle battery charging stations.
25.165.210 Wineries.
25.165.215 Food Truck Parks.
25.165.215 Food Truck Parks.
(1) Purpose:
(a)_ To allow for Food Truck Parks as a semi-permanent land use where food trucks and
other mobile vendors can station themselves to provide regular service to customers.
(b) To support small businesses and generate economic activity in Pasco by creating
hubs for local food, outdoor dining, light recreation, and gathering.
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(c) To encourage mobile vending by creating centralized hubs for resources such as
commercial kitchens, bathrooms, and approved discharge areas.
Figure 12: Summer's Hub in Kennewick acts as a local hub for mobile vendors and customers. An on-site
commercial kitchen supports vendor operations, and a dining area with picnic tables and string lights invites
customers to eat and gather.
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Figure 13: A food truck park in West Hartford is developed with a paved path and features a seating area
surrounding a fire pit.
(2) Design and Operation Standards
Food Truck Parks, as deflned in PMC 25.15.080, are subject to the following general
requirements:
(a) Design and use of site must adhere to all applicable laws that apply to permanent
use of the lot.
(b) All vendors must hold a Pasco Mobile Vending License.
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(c) Any business-related discharge into the sanitary or sewer systems requires the
written approval from the City.
(d) The use of tents and membrane structures larger than 400 square feet requires City
approval to ensure compliance with IFC 3103.2 or most up-to-date IFC guidance for
tents and membrane structures.
(e) No structure or temporary use may be within flve feet of any right-of-way.
(f) There must be adequate provisions made for dust and litter control.
(3) Food Truck Parks are not considered Temporary Businesses and are thus not subject to
Temporary Business standards or regulations.
(4) Permit and Application
(a) The applicant must submit the notarized written consent from the property owner
for the use of the premises if the applicant is not the owner.
(b) Applicant must possess a City of Pasco business license.
(c) The City of Pasco shall maintain an application and submittal requirements to obtain
a Food Truck Lot Permit.
Section 7. Amending Section 25.127.070 of the Pasco Municipal Code.
25.127.070 Development standards.
(1) All structures, uses, and shoreline modiflcations shall comply with the City of Pasco
Shoreline Master Program (Chapter 29.15 PMC), where applicable.
(2) Minimum Density.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 14 units/net acre average for residential portions of Osprey Pointe
(net acre excludes infrastructure, such as roads, utility easements, stormwater
infrastructure, and excludes critical areas, and applies to the entire Osprey Pointe rather
than to individual developments). Additionally, residential uses shall not comprise more
than 50 percent of the gross land area within Osprey Pointe.
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(c) Residential uses: the minimum density is seven units per net acre. For the purposes of
this subsection, net acre excludes infrastructure (such as roads, utility easements,
stormwater infrastructure), excludes critical areas, and excludes other unbuildable areas
such as any required landscape buffer areas, flre lanes and parking lots, and applies to the
entire MU district rather than to individual developments.
(3) Minimum Lot Area at Osprey Pointe.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 1,000 square feet (single-family detached), 1,500 square feet per unit
(duplex and single-family attached). There is no minimum lot area for multifamily dwellings.
(4) Minimum Lot Width at Osprey Pointe.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 35 feet (single-family detached), 20 feet per unit (duplex and single-
family attached). There is no minimum lot width for multifamily dwellings.
(5) Lot Coverage at Osprey Pointe. Dictated by parking requirements, setbacks and
landscaping.
(6) Dimensional Standards for Lots Not Located at Osprey Pointe. The following standards
shall apply except in cases of a binding site plan or zero-lot-line development (in which cases
there are no minimums):
(a) Minimum Lot Area.
(i) Commercial, office, education and government uses: none.
(ii) Residential uses: 1,000 square feet (single-family detached), 1,500 square feet per
unit (duplex and single-family attached). There is no minimum lot area for multifamily
dwellings.
(b) Minimum Lot Width.
(i) Commercial, office, education and government uses: none.
(ii) Residential uses: 35 feet (single-family detached), 20 feet per unit (duplex and
single-family attached). There is no minimum lot width for multifamily dwellings.
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(c) Lot Coverage. All other uses: dictated by parking requirements, setbacks and
landscaping.
(7) Minimum Yard Setbacks – Front.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 10 feet (single-family detached and attached, and duplexes), 20 feet
(garden-style apartments/condominiums), none for multifamily adjacent to commercial
areas or in mixed-use buildings.
(8) Minimum Yard Setbacks – Interior Side Yard.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: flve feet (for primary structures in single-family detached and
attached, and duplexes; however, the minimum yard setback is reduced to three feet
where flre barriers are provided for buildings), 15 feet from other buildings (garden-style
apartments/condominiums), none for multifamily adjacent to commercial areas, in mixed-
use buildings or for zero-lot-line development.
(9) Minimum Yard Setbacks – Street Side Yard and Rear.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 10 feet (single-family detached and attached, and duplexes; however,
the minimum setback for detached garages is three feet), 20 feet from other buildings
(garden-style apartments/condominiums), none for multifamily adjacent to commercial
areas or in mixed-use buildings.
(10) Maximum Building Height.
(a) At Osprey Pointe.
(i) Commercial, office, education and government uses: 60 feet.
(ii) Residential uses: 35 feet (single-family detached and duplexes), 40 feet (single-
family attached and garden-style apartments/condominiums), 90 feet (multifamily
adjacent to commercial areas or in mixed-use buildings).
(b) At All Other Locations.
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(i) Commercial, office, education and government uses: maximum 85 feet, except a
greater height may be approved by special permit.
(ii) Residential uses: maximum 15 feet for accessory buildings; maximum 40 feet for
detached single-family, duplexes; maximum 45 feet for garden-style courtyard
apartments/condominiums; maximum 90 feet for multifamily adjacent to commercial
areas or in mixed-use buildings; except that in all cases a greater height may be
approved by special permit.
(iii) Nothing in this chapter precludes the use of rooftop decks or permitted uses to be
permitted on the roof; provided, that building codes are met.
(11) Fences and Hedges.
(a) Fences and walls shall meet the requirements of Chapter 25.180 PMC, with the
following exceptions:
(i) Fences and walls shall be constructed using a combination of natural materials
such as wood, stone, or brick, including those on industrially used properties.
(ii) Barbed wire and electrifled fencing are prohibited on all properties.
(12) Parking and Loading.
(a) All new uses in the MU district must provide parking in accordance with Table
25.127(1). The Community and Economic Development Director may approve ratios lower
than the minimum if the new use provides bicycle parking, includes access to an improved
bus stop, or will have shared parking spaces. See subsections (12)(d), (e), and (f) of this
section pertaining to parking reductions. The Community and Economic Development
Director shall determine parking requirements for unlisted uses. Uses which are not listed
in the table shall have parking requirements of the nearest analogous use which is included
in the table, as determined by the Community and Economic Development Director. If the
number of minimum off-street parking spaces required in Table 25.127(1) contains a
fraction, the number shall be rounded up if the fraction is equal to or greater than one-half,
and rounded down if less than one-half.
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(b) On-street parking or off-street public parking lots may be used in combination with
dedicated off-street parking to accommodate parking demand from individual
developments.
(c) On-street and off-street public parking may be time-limited, metered, or otherwise
restricted in order to ensure that parking demand from individual developments does not
adversely impact parking availability for the district as a whole and may be managed by
either the Port (in the case of Osprey Pointe property), City or an association/business
entity (depending on public or private ownership). Parking spaces must be located within
500 feet of the proposed use unless the use is listed under the “Recreational and
Entertainment Use” category in Table 25.127(1) in which case parking may be located off
site; provided, that if the parking facility is under different ownership, a written agreement
or lease is required. No more than 30 percent of the minimum parking requirement for an
individual use may be on-street spaces or off-street public spaces more than 500 feet away
from the proposed use except as noted above.
(d) Bicycle Parking Reduction. For every flve bicycle parking spaces provided, the number
of vehicle parking spaces may be reduced by one up to maximum of 10 percent of the
minimum number of spaces otherwise required.
(e) Transit Reduction. If a site is within one-quarter mile of a current, planned, or proposed
public transportation facility or service, the required number of parking stalls may be
reduced by 10 percent.
(f) Shared Uses. Owners of two or more uses, structures, or parcels of land within 500 feet
of each other may share the same parking area when the hours of operation do not
overlap. Whenever shared parking is allowed under this section, the parking lot shall be
signed so as to reasonably notify the public of the availability of use, and spaces shall not
be assigned, allocated or reserved between uses; a notarized and recorded parking
agreement shall be required for shared parking between two or more separate tax parcels
under separate ownership.
(g) Special event parking lots used on an infrequent basis such as those associated with
seasonal play flelds shall be exempt from provisions of this chapter.
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(h) No boat, motor home, camp trailer, trailer, flfth wheel, pickup camper, snowmobile, or
utility trailer as deflned in this title shall be stored or maintained on any public street, right-
of-way, or other public areas.
Table 25.127(1). Number of Minimum Required and Maximum Allowed Parking Spaces by
Use in the MU District
Use Category Minimum Maximum
COMMERCIAL, OFFICE, EDUCATIONAL, AND GOVERNMENT USES
Churches, places of worship,
clubs, fraternal societies
1 per 100 square feet of main
assembly area
1 per 60 square feet of main
assembly area
Commercial lodging (hotel,
motel, bed and breakfast,
short-term vacation rentals)
0.5 per room 1 per room
Educational Uses
Elementary schools 1 per classroom and 1 per
employee
1.5 per classroom
Middle schools 1 per classroom 2 per classroom
High school 7 per classroom 10.5 per classroom
Universities, colleges,
business, professional,
technical and trade schools
0.3 per full-time student and
0.8 per employee
0.5 per FTE student and 0.8
per employee
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Use Category Minimum Maximum
Gyms or fltness centers 3 per 1,000 square feet of
gross fioor area
5 per 1,000 square feet of
gross fioor area
Museums and art galleries 2.5 per 1,000 square feet of
gross fioor area
4 per 1,000 square feet of
gross fioor area
Offices: administrative,
professional, government
2 per 1,000 square feet of
gross fioor area when
located on the ground fioor;
1 per 1,000 square feet of
gross fioor area when
located on fioors above the
ground fioor
4 per 1,000 square feet of
gross fioor area when
located on the ground fioor;
1 per 1,000 square feet of
gross fioor area when
located on fioors above the
ground fioor
Portable food vendors/food
trucks
None required None required
Restaurants/bars/ breweries,
wineries, and distilleries
0.5 per 3 seats 1.0 per 3 seats
Retail sales and services 3 per 1,000 square feet of
gross fioor area
5 per 1,000 square feet of
gross fioor area
Wholesale sales 3 per 1,000 square feet of
gross fioor area
5 per 1,000 square feet of
gross fioor area
RESIDENTIAL USES
Single-family detached 1 per unit 2 per unit
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Use Category Minimum Maximum
Accessory dwelling units 0.5 per unit 1 per unit
Single-family attached and
two-family dwellings
1 per unit 2 per unit
Multifamily dwellings 0.75 per unit 1.5 per unit
Nursing homes and assisted
living facilities
0.25 per bed 0.5 per bed
RECREATIONAL AND ENTERTAINMENT USES
Public and private parks and
trails
To be determined during land use approval process
Event entertainment (indoor
or outdoor)*
*Does not apply to parking
for special events such as but
not limited to concerts or
performances with
conveyance options (such as
shuttle buses or vans) or
shared parking within walking
distance
1 per 8 seats 1 per 5 seats
Theaters 1 per 4 seats 1 per 2.7 seats
INSTITUTIONAL USES
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Use Category Minimum Maximum
Hospitals and clinics 1 per bed or exam room 1.5 per bed or exam room
Police and flre stations 2 per 1,000 square feet of
gross fioor area
4 per 1,000 square feet of
gross fioor area
(13) Landscaping.
(a) Surface parking lots shall be landscaped in accordance with PMC 25.180.070.
(b) Single-family detached and attached residences and duplexes shall be landscaped in
accordance with PMC 25.180.050(4).
(c) Single-use commercial property shall be screened in accordance with PMC
25.180.050(3). Commercially used property in multistory and/or mixed-use buildings is
exempt from screening requirements.
(d) No landscape areas shall contain artiflcial grass, trees, plants or other artiflcial
materials as a live vegetative substitute.
(e) There shall be at least one tree and three shrubs for every 300 square feet of
landscaped area.
(f) All landscape maintenance shall comply with the provisions of PMC 25.180.120.
(g) Road Frontage.
(i) Landscaped buffers on commercial properties adjacent to or across a public or
private street or alley from residentially zoned properties must be a minimum of 15
feet in width and may additionally serve as a swale for stormwater; provided, that at
least 50 percent of the total area is vegetated. Landscaped buffers may be substituted
with a plaza with an average minimum width of 30 feet featuring two or more of the
following features: street trees in pits, planters that are a minimum of three feet wide
and three feet tall featuring vegetation, space for shaded outdoor seating (permanent
or nonpermanent), benches, stamped concrete or pavers, protruding awnings, planted
beds, ledges for seating, public art, monument signage, wayflnding signage; such plaza
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additionally serves to substitute for the need of any sidewalk; provided, that an eight-
foot-wide unobstructed walking path is established and maintained.
(ii) Landscaping in the unused portion of the right-of-way shall match the established
landscaping pattern and theme for the street.
(h) Pedestrian Walkways.
(i) Excluding pedestrian connections through parking lots, walkways shall be
landscaped their entire length. Trees shall be a minimum of three feet from sidewalks
and curbs at the time of planting, except:
(A) Where tree wells are utilized.
(B) Where sidewalks exceed eight feet in width, in which case a flve-foot walking
area shall be reserved.
(14) Transportation.
(a) The internal transportation network of Osprey Pointe shall be designed to maximize
multi-modal travel options.
(b) All transportation infrastructure shall meet the intent of the City Complete Streets
Ordinance (Chapter 12.15 PMC) and comply with the International Fire Code. Dedication of
public right-of-way is not required when private streets are used.
(15) Design Standards (Transportation Osprey Pointe).
(a) Applicability. This section applies to development located at Osprey Pointe.
(b) Speed limits: 20 miles per hour.
(c) Sidewalk Widths.
(i) Residential: minimum six feet.
(ii) Commercial/mixed use: minimum: 10 feet.
(d) Local Access Streets.
(i) Driving lane minimum width: 11 feet.
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(ii) Parking lane minimum width: eight feet.
(iii) Dedicated bicycle lane: minimum width: flve feet (where included).
(e) Alleys.
(i) Minimum: 20-foot width.
(f) Private Street/Lane.
(i) Private street improvements for streets providing access to uses which are not
single-family residential shall meet the standards for local access roads, at a minimum,
with the exception being that sidewalk must be present on at least one side and on-
street parking must be present on one side. This will result in a roadway section, with
curb and gutter, that measures 31 feet back-to-back of curb. Street lighting will be
provided per the type chosen at the developer’s discretion.
(ii) Private street improvements for streets providing access to single-family
residential uses shall be designed to meet International Fire Code requirements for flre
apparatus, including pavement markings and signage for “No Parking – Fire Lane.”
Sidewalks are not required when pedestrian paths are provided with a design
accommodating pedestrian circulation which is separated from vehicle traffic
movements. Streets lighting will be provided per the type chosen at the developer’s
discretion.
(iii) Private streets must not interfere with vehicle, public transportation, or
nonmotorized access to public areas, and may not preclude the connection of the
transportation system.
(iv) Stormwater facilities must be designed to treat and retain all stormwater on site
without any runoff entering City of Pasco right-of-way.
(v) Every private street within the district shall be named, and names shall be clearly
posted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD)
standard.
(16) Design Standards (Transportation).
(a) Applicability. This subsection does not apply to development located at Osprey Pointe.
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(b) All street improvements, grades, widths, construction, and design shall comply with the
standards and speciflcations as set forth in the City’s adopted Standard Speciflcations,
except as otherwise contained in this section.
(c) Street layout must be designed for street connectivity between neighborhoods, be
pedestrian and bicycle friendly, and promote function, safety and aesthetics with minimum
adverse environmental impact.
(d) Block Length. Blocks shall not exceed 660 feet unless no other practicable alternative is
available, as determined by CED Director.
(i) Exemptions may be permitted when one or more of the following conditions are
met:
(A) Physical characteristics preclude a block length of 660 feet or less. These
conditions may include topography or the existence of physical features, including
but not limited to wetlands, ponds, streams, channels, rivers, lakes or steep
grades, or a resource under protection by state or federal law.
(B) Buildings or other existing development on adjacent lands, including
previously subdivided but vacant lots/parcels that physically preclude a block
length of 660 feet or less, considering the potential for redevelopment.
(C) Where the extension of a public street into the proposed development would
create a block length exceeding 660 feet, the total block length shall be as close to
660 feet as possible.
(D) Where block length exceeds the provisions of this section, a mid-block
pedestrian and bicycle connection or accessway shall be provided.
(e) Cul-de-Sac Streets. Cul-de-sacs are not permitted. However, subject to the following, a
cul-de-sac street may be allowed where the CED Director determines that environmental or
topographical constraints, existing development patterns, legal restrictions, or compliance
with other applicable City requirements preclude a street extension. Where the City
determines that a cul-de-sac is the only reasonable option, all of the following standards
shall be met:
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(i) Cul-de-sac streets shall have a maximum length of 300 feet measured from their
centerline intersection with the public access street right-of-way to the turnaround.
(ii) The cul-de-sac shall provide, or not preclude the opportunity to later install, a
pedestrian and bicycle access way between it and adjacent developable lands.
(f) Private Streets. Private streets may be allowed subject to the following:
(i) Private street improvements shall meet the standards for local access roads.
(ii) An enhanced pedestrian path may be provided in lieu of sidewalk construction
where the design to accommodate pedestrian circulation is separated from vehicle
traffic movements.
(iii) Street lighting will be provided per the type chosen at the developer’s discretion.
(iv) Private streets must not interfere with vehicle, public transportation or
nonmotorized access to public areas, and may not preclude the connection of the
transportation system.
(v) Stormwater facilities must be designed to treat and retain all stormwater on site
without any runoff entering City of Pasco right-of-way.
(vi) Every private street within the district shall be named, and names shall be clearly
posted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD)
standard.
(17) Building Design Standards.
(a) Applicability. This subsection does not apply to development located at Osprey Pointe.
(b) Intent. The intent of this subsection is to implement the goals and policies of the
Comprehensive Plan by promoting high quality development using aesthetically pleasing
designs, creating a safe pedestrian-oriented streetscape, upgrading Pasco’s visual identity,
and reducing the impact of parking lots and blank walls.
(c) All buildings within a multi-building complex must achieve unity of design through the
use of similar architectural elements, such as roof form, exterior building design and
materials, colors and window patterns.
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(d) All new buildings shall have exterior walls that are constructed of at least one but not
more than three of the following materials: wood, brick, stucco, steel, block, glass, or
composite materials and shall have textured, embossed, sculpted or painted flnishes.
Exterior walls must include more than two of the following architectural features: columns,
pilasters, belt courses, brackets, arches, decorative molding, quoins and similar
architectural features. Changes in materials shall occur at inside corners and not outside
corners.
(e) All new retail buildings shall have windows, doors or display areas that cover 50
percent of the ground fioor frontage wall area (walls that face frontage streets). Structures
facing residential zones or developments are not required to have a minimum amount of
glass or display area but must have architectural design features and/or building
modulation.
(f) Pedestrian entries for all structures shall be visible from the frontage street, driveways,
and off-street parking areas. Pedestrian entries must be emphasized through landscaped
entry approaches consistent with the building design and theme, by the use of modulation
to emphasize indentation or protrusion of that portion of the building containing the
entrance, or by the inclusion of porte-cochere or other covered entry methods.
(g) Signage affixed to the building must be no higher than the roofiine of the building.
(h) Wall-mounted electrical and mechanical equipment shall be located on the less visible
side of the building and obscured from public view.
(i) Parklets and Public Space Cafés are allowed and shall adhere to standards set forth in
Chapter 5.52. Sidewalk Seating. Any food or drink establishment may provide sidewalk
seating for its customers adjacent to the place of business meeting the following
provisions:
(i) Five feet of unobstructed sidewalk must be maintained at all times for through
travel.
(ii) If the sidewalk is located in the right-of-way, the placement of tables shall be
subject to the flling of a satisfactory hold-harmless agreement and primary liability
insurance policy suitable to the City Attorney which will indemnify the City and release
it from liability.
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(18) Screening Standards.
(a) Applicability. This subsection does not apply to development at Osprey Pointe or
residential development.
(b) All equipment, material or goods not housed or stored within the primary structure
shall be within a 100 percent sight-obscuring fence, wall or structure, with the exception
that outdoor garden sales areas associated with retail buildings must additionally
incorporate false walls in the fencing design that match or complement the architectural
features of the main building walls.
(c) Gas meters, electric service boxes and other mechanical equipment shall be screened
from public view by sight-obscuring fence, walls, or planting materials. All equipment must
remain accessible for the applicable utility.
(19) Temporary Business Standards.
(a) Applicability. This subsection does not apply to development at Osprey Pointe or to
food trucks and other mobile vendors, which shall adhere to PMC 5.75 and PMC 25.165.
(b) Temporary businesses are only permitted on lots that are fully developed with curb,
gutter and sidewalk and improved with parking lots, landscaping and buildings.
(c) Temporary businesses must be located at least 100 feet from the property line of any
residentially zoned property.
(d) Goods, wares and merchandise of any kind can only be displayed or offered for sale
from the temporary business vehicle or conveyance.
(e) Limited ancillary or accessory equipment may be utilized with a temporary business
and must be temporary in nature and easily removable, such as coolers, umbrellas, tents,
tables, and chairs. The following types of ancillary or accessory equipment are not
permitted to be used with a temporary business, including but not limited to: benches,
picnic tables, propane tanks, awnings, carport structures, satellite dishes, recreational
equipment, amusement devices, entertainment equipment, portable or temporary
shelters, portable heaters, temporary lighting flxtures, decorative lighting,
freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux
landscape elements.
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(f) Signage is only permitted on the temporary business vehicle and not on public right-of-
way or in parking lots.
(g) No advertising for services, activities and products that are not available on or from the
temporary business vehicle is permitted.
(h) Temporary businesses must be located at least 25 feet from any public right-of-way.
(i) Temporary businesses must locate in an area of the parking lot that will not impede flre
lanes or the use of drive aisles within and around parking lots.
(j) Required off-street parking cannot be diminished by the location and operation of a
temporary business except such parking spaces may be used for temporary businesses on
weekends or holidays.
(20) Sign Standards.
(a) Applicability. This subsection does not apply to development located at Osprey Pointe.
(b) No sign shall be erected, re-erected, constructed, painted, posted, applied or
structurally altered except as provided in this section and pursuant to the approval of the
Director of Community and Economic Development. All signs shall comply with the
International Building Code and PMC Title 17 and conform to the following.
(c) Prohibited Signs.
(i) Signs, which by coloring, shape, wording or location resemble or confiict with traffic
control signs or devices; and
(ii) Signs that create a safety hazard.
(d) Permitted Signs.
(i) Permanent subdivision signs or area name signs of a permanent character at street
entrances or entrances to a speciflc area or development. These signs shall not exceed
six feet in height;
(ii) Temporary banners, fiags, pennants which are maintained in good condition;
(iii) Contractor, architect or engineer signs that identify the project are permitted
during the period of construction;
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(iv) Standard official, directional, informational, warning, or safety signs and street
signs; and
(v) Portable reader boards, fiashing, movable, or moving signs; provided, that such
signs must not be located in view of any residentially zoned land located within 300
feet of the sign.
(e) Nonconforming Signs.
(i) Signs that were permanently installed and legally erected prior to the adoption of
the ordinance codifled in this chapter shall be allowed to remain in use so long as they
are continuously maintained.
(f) Relief.
(i) Where relief is sought from the provisions of this subsection pertaining to signage
standards, an application shall be made in the form of a letter explaining the relief
sought and the reasons therefor, accompanied by a scaled site plan and a $100.00 fee.
The complete application shall be flled with the Director of Community and Economic
Development. Within 15 working days from the date of receipt of a complete
application, the Director of Community and Economic Development shall issue a
written decision to approve, approve with modiflcations, or deny the request for relief.
Any decision of the Director of Community and Economic Development may be
appealed to the City Council if written notice of appeal, which shall include all and
exclusive reasons for said appeal, is flled with the Director of Community and
Economic Development within 10 working days from the date of the decision. In the
event a written decision is not issued by the Director of Community and Economic
Development within the required time period, the application for relief shall
automatically constitute a qualifled and properly flled notice of appeal and shall be
considered by the City Council in accordance with this section. The City Council, within
30 calendar days from the date of flling of the appeal, shall consider the appeal at a
regular meeting thereof, but such consideration shall be limited to the reasons
included in the written notice of appeal and shall include the written decision of the
Director of Community and Economic Development and the reasons therefor. The City
Council may affirm, modify or reverse the decision of the Director of Community and
Economic Development. [Ord. 4668A § 2, 2024; Ord. 4668 § 2, 2023; Ord. 4514 § 2,
2021.]
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The Pasco Municipal Code is current through Ordinance 4687, passed October 16, 2023.
Disclaimer: The City Clerk’s office has the official version of the Pasco Municipal Code. Users
should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited
above.
City Website: www.pasco-wa.gov
City Telephone: (509) 544-3080
Hosted by Code Publishing Company, A General Code Company.
The Pasco Municipal Code is current through Ordinance 4687, passed October 16, 2023.
Disclaimer: The City Clerk’s office has the official version of the Pasco Municipal Code. Users
should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited
above.
Error! Hyperlink reference not valid.
City Telephone: (509) 544-3080
Hosted by Code Publishing Company, A General Code Company.
Page 64 of 222
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING TITLE 5 BUSINESS LICENSES AND REGULATIONS AND
TITLE 25 ZONING OF THE PASCO MUNICIPAL CODE TO IMPLEMENT
THE PASCO DOWNTOWN MASTER PLAN BY EXPANDING
OPPORTUNITIES FOR BUSINESSES TO USE STREETS, PUBLIC SPACES,
AND PRIVATE LOTS TO INCREASE ACTIVITIY IN DOWNTOWN IN
OTHER RETAIL HUBS.
WHEREAS, the City of Pasco (City) adopted its first Downtown Master Plan in January
2023 following extensive public engagement that resulted in strong support for the plan; and
WHEREAS, the City and the community have prioritized implementing the Downtown
Pasco Master Plan which is an ongoing effort; and
WHEREAS, the Downtown Master Plan includes many strategies to activate public spaces
including expanding opportunities for community and businesses uses; and
WHEREAS, the City established the Pasco Specialty Kitchen (PSK) to be an incubator
for food trucks, mobile vending, and restaurants and desires to support and encourage these the
expansion of these activities in Downtown Pasco and other retail hubs, consistent with the vision
and goals of the Master Plan; and
WHEREAS, the City regulates businesses including the uses of streets and public spaces
for business activities and mobile vending in the Pasco Municipal Code and the new regulations
are specific to implementation of the Downtown Pasco Master Plan; and
WHEREAS, the City desires to have regulations for business activities in public and
private spaces that support the goals of the Downtown Master Plan but also ensure that these
activities are well planned and designed to ensure a safe environment; and
WHEREAS, the City Council of the City of Pasco, Washington has determined that
certain amendments supporting the Downtown Master Plan are necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 5.50.050 Sidewalk Seating is repealed.
5.50.050 Sidewalk Seating
Any food establishment licensed under this chapter and located within the C-2 zone
(Central Business District) may, upon application and receiving a permit therefor,
provide sidewalk seating for its customers adjacent to the licensed place of
business; provided, however, the food establishment must have interior seating and
Page 65 of 222
the outside seating shall not exceed 25 percent of interior seats, and the outside
seating shall not reduce usable sidewalk width to less than six feet. Such application
shall include a drawing of the proposed sidewalk location which includes the
location of the seating, the width of the sidewalk and the width of the sidewalk that
will be obstructed by the outside seating. In addition the application shall include
identification of the food establishment by reference to its regular Pasco business
license number, assurance that the area will be kept clean, the times of day during
which the outside seating will be utilized and the period of the year for which the
outside seating is requested. The City Clerk shall review each such application with
the City Planner and if in their opinion the public interest would not be unduly
restricted or subject to unreasonable or unnecessary risk of harm or injury, the Clerk
shall notify the applicant that a permit therefor will be granted, subject to the
payment of an annual permit fee as set forth in Chapter 3.35 PMC and the filing of
a satisfactory hold-harmless agreement and primary liability insurance policy
suitable to the City Attorney which will indemnify the City and release it from
liability. Subject to such filing a permit will be issued. [Ord. 3560 § 27, 2002; Ord.
2539 § 18, 1985; Code 1970 § 5.28.125.]
Section 2. Amending the Pasco Municipal Code to add new Chapter 5.52 Parklets and
Public Space Cafés
Chapter 5 .52
PARKLETS AND PUBLIC SPACE CAFÉS
Sections:
5.52.010 Purpose and Intent.
5.52.020 Permit required.
5.52.030 Definitions.
5.52.040 Permit application and terms.
5.52.050 Terms and conditions.
5.52.060 Design standards.
5.52.070 Conversion of parking spaces for a Public Space Café
5.52.080 Application
5.52.010 Purpose and Intent:
(1) To expand and promote opportunities for the use and activation of public space.
(2) To ensure that Pasco’s Downtown provides a fun, safe, and engaging experience
for all.
(3) To provide a clear, concise, and user-friendly process for review and approval
of applications for the use of public space by the community, private businesses,
property owners, event managers, and others.
(4) To ensure that public spaces are used in a manner that is safe and inviting for
all.
(5) To implement the community vision for Downtown Pasco expressed in the
adopted Master Plan.
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5.52.020 Permit Required
(1) No person shall operate a café in the public place without obtaining a Public
Space Café Permit.
(2) A Public Space Café permit expires if: the business changes ownership or the
business vacates the premises, except when a permit transfer is approved by
the Community & Economic Development Department; the Public Space
Café permit duration expires; or Public Space Café permit fees are not paid.
All permit-related encroachments shall be removed from the public place
when the Public Space Café expires.
(3) All Public Space Café permits are of a temporary nature and vest no permanent
rights. The Community & Economic Development Department may suspend
any Public Space Café permit for transportation mobility or public safety
purposes.
5.52.030 Definitions
PUBLIC SPACE CAFÉ: The use of the sidewalk, planting strip, curb space, alley,
or parking space by an adjacent restaurant, café, or bar into a temporary or semi -
permanent area for use by patrons.
PARKLET: The use of the sidewalk, planting strip, curb space, alley, or parking
space by the City as a temporary or semi-permanent public space.
PEDESTRIAN CLEAR ZONE: Area of the sidewalk reserved for pedestrians
and free of elements such as street furniture, planters, fire hydrants, and street trees.
Note: The photos below are examples of public space uses and are not intended to serve as
regulations or standards as part of this code.
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Figure 1: A Public Space Café using sidewalk space adjacent to the business frontage to provide additional
seating for customers.
Figure 2: A Public Space Café positioned between the sidewalk and the curb takes advantage of street trees to
provide dappled shade to customers.
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Figure 3: Parking spaces converted into a Public Space Café using a platform to meet curb grade.
Figure 4: A parklet design turns parking spaces into a public area with swings and tables.
5.52.040 Eligibility
(1) Applicants for a Public Space Café Permit must be businesses licensed under
this chapter to sell food or beverage in Pasco.
(a) Business must have building frontage in Pasco on a street with a speed limit
of 30mph or less.
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(b) Business frontage shall not be designated as a Freight Corridor by the most
recent Transportation Master Plan. Businesses within the Downtown Zoning
District shall be exempt from this restriction.
5.52.050 Terms and Conditions
(1) A Public Space Café may be permitted for sidewalks, parking spaces, alley
ways or other public spaces abutting the eligible business’s property. Public
Space Cafés may be approved to extend into the public place abutting an
adjacent property at the discretion of the Community & Economic
Development Department.
(2) Movable furniture must be cleared when not in use. Furniture may be stored
within the Public Space Café given it is secured, stacked, and does not obstruct
the passageway. Built-in furniture and heavy furniture such as picnic tables may
remain in place when not in use.
(2) Amplified sound shall adhere to PMC 9.130.
(3) The installation of any permanent fixtures or breaking of surfaces shall require
City approval.
(4) Structures, site furnishings, and café area shall be continuously maintained by
the permittee as approved on the issued permit, and shall be kept clean and in
good repair.
(5) Only materials and supplies used by the permittee for the daily operation of
the Public Space Café may be located within the Public Space Café extents. The
permittee shall not store other supplies or other materials in the Public Space
Café unless otherwise authorized by Public Space Café permit.
(6) The Community & Economic Development Director may suspend or revoke
the permission granted if the applicant violates this chapter, any implementing
rules, or the terms and conditions of the permit.
5.52.060 Design Standards
Obtaining a permit for a Public Space Café is contingent upon adhering to the following
design standards. In cases where compliance is not feasible, the Community & Economic
Development Department may work with the applicant to determine a solution and issue a
permit at their discretion.
(1) The placement of a Public Space Café shall not obstruct vehicular traffic or the
use of any crosswalk, wheelchair ramp, bus, or taxi zone.
(2) Pedestrian clear zone
(a) Use of sidewalks shall not reduce pedestrian clear zone to less than 3 feet.
Page 70 of 222
Figure 5: The location of the sidewalk cafe shall not reduce or obstruct the pedestrian clear zone to less than six feet to the
obstruction.
(3) Perimeter treatments
(a) Public Space Cafés require a barrier 30” tall or greater around all sides of
the café that border a travel lane or parking lane. Planter boxes are permitted
to be used as barriers.
(b) Alcohol
(i) If alcohol will be consumed at a Public Space Café, there must be a
temporary or permanent 42 inch barrier around the sidewalk café, or
businesses may apply to use only demarcations (café markers) by
submitting an Alteration Request Form to the Washington State Liquor
and Cannabis Board.
(ii) If alcohol will be consumed at Public Space Café located in a parking
space, there must be a temporary or permanent 42 inch barrier around
all sides adjacent to a travel lane or parking lane.
(c) Fencing shall allow for visibility into and out of the café.
(d) Upon approval of a Public Space Café that uses the sidewalk, the City shall
issue Café Markers, which are to be installed at corners and at maximum
10’ apart to mark the Café extents.
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Figure 6: Café markers will be issued by the City and shall be installed at corners of café and at maximum 10 feet apart to mark
the Café extents.
(4) Setbacks
(a) A setback of 5 feet or greater from curb ramps, traffic signs, utility poles,
fire hydrants, bike racks, and other street fixtures is required.
(b) Public Space Cafés using the sidewalk:
(i) A setback of 3 feet or greater from the front of the curb is required
wherever a café abuts a parking lane.
(ii) A setback of 10 feet or greater from the Corner Curb Radius Area is
required.
(c) Public Space Cafés using one or more parking spaces:
(i) A setback of 1 foot or greater from adjacent travel or bicycle lane is
required.
(ii) A setback of 2 feet or greater is required from adjacent parking spaces.
Buffer space may be used for planters.
(iii) A setback of 5 feet or greater is required from handicapped parking
spaces.
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Figure 7: A 3 feet setback from the front of the curb is required. A 5 feet setback is required from street
fixtures such as utility poles, bike racks, etc. A 10 foot setback is required from the Corner Curb Radius
Figure 8: Café must be setback 1 foot from adjacent travel or bicycle lane.
(5) Vertical elements
(a) Overhead features may not extend into the travel lane and must provide
at least 8’ of clearance if over the sidewalk.
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Figure 9: Overhead features may not extend beyond the street edge and must provide at least 8 feet of
clearance if over the sidewalk.
(6) Ground plane elements
(a) If Public Space Café is on a platform, the platform must a be flush with the
top of the curb.
(7) Lights and Electrical Elements
(a) Electrical cords may not be placed on the pedestrian path of travel.
(b) Use of extension cords is limited to periods not exceeding 90 days, in
accordance with International Fire Code 604.9.
5.52.070 Conversion of parking spaces for a Public Space Café
(1) Each eligible food and beverage service business may request approval to
convert legal parking spaces along their building frontage in the following
amounts:
(a) 1 to 2 parallel on-street parking spaces.
(b) 2 to 3 angled parking spaces or 90 degree parking spaces.
(c) In the case of parallel parking with no demarcation of spaces, applicant can
request up to 40 linear feet of space parallel to sidewalk, and shall work
with Community & Economic Development Department to ascertain the
most appropriate configuration.
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Figure 10: Public Space Cafés may occupy 1-2 parallel parking spaces. These cafes must be setback 2 or more
feet from adjacent parking spaces and 1 or more feet from the adjacent travel lane.
Figure 11: Public Space Cafés may occupy 1-3 angled parking spaces. These cafes must be setback 2 or more feet from adjacent
parking spaces and 1 or more feet from the adjacent travel lane.
(2) The City shall consult with Franklin Transit regarding stalls sited near bus stops.
(3) Parklets and Public Space Cafés shall not block storm drains.
5.52.080 Application
(1) All requests for a Public Space Café Permit shall be made on the form provided
by the city, which will be reviewed by the Community & Economic
Development Department.
(2) Applicants shall be required to provide proof of liability insurance, naming the
city of Pasco as an additional insured in the amount of $1,000,000;
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(3) Built structures such as platforms or overhead structures are subject to
additional review.
Section 3. Amending Chapter 5.75Itinerant Merchants and Mobile Venders of the Pasco
Municipal Code.
Chapter 5.75
ITINERANT MERCHANTS AND MOBILE VENDORS
Sections:
5.75.010 License Required Purpose and Intent
5.75.020 Definitions. License required.
5.75.030 Exemptions. Definitions.
5.75.040 Application. Exemptions.
5.75.050 Investigation and determination. Application.
5.75.060 Terms of licenses.
5.75.070 Exhibition of license – Transfer.
5.75.080 Health regulation.
5.75.090 Stationary vendor standards. Mobile vendor typical locations.
5.75.100 Mobile vendor standards.
5.75.110 Revocation of license.
5.75.120 Appeal.
5.75.130 Penalty.
5.75.010 Purpose and Intent:
(1) To expand and promote opportunities for mobile vending in Pasco.
(2) To support small businesses and showcase local products.
(3) To provide a clear, concise, and user-friendly process for review and approval
of applications for mobile vending.
(4) To ensure that public spaces are used in a manner that is safe and inviting for
all.
(5) To implement the community vision for Downtown Pasco expressed in the
adopted Master Plan.
5.75.0105.75.020 License required.
It shall be unlawful for an itinerant a mobile vendor to engage in business within
the City of Pasco except when licensed as provided in PMC 5.05.020, in
compliance with the provisions of this chapter. A separate license shall be required
for each location of any stationary vendor and for each vehicle or other conveyance
engaged by a mobile vendor.
[Ord. 4372 § 23, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.010.]
5.75.0205.75.030 Definitions.
The following terms and definitions shall be used in the administration of this
chapter:
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“Concessionaire” means a person, firm or corporation operating or maintaining a
concession stand for the sale of food in the public parks, in the City, or on other
public property, in accordance with an agreement or franchise therefor.
“Food” shall have its usual and ordinary meaning, and shall include all items
designed for human consumption, including, but not limited to candy, gum,
popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products.
“Itinerant vendor” Mobile vendor shall mean any person, firm or corporation,
whether as owner, agent, consignee, or employee, whether a resident of the City or
not, who engages in a business of selling and delivering goods, wares, food or
merchandise of any kind or description, who conducts such a business outside of a
permanent structure affixed to real property. A person, firm or corporation so
engaged shall not be relieved from complying with the provisions of this chapter
merely by reason of associating temporarily with any local dealer, trader, merchant
or auctioneer, or by conducting such temporary business in connection with, as part
of, or in the name of any local dealer, trader, merchant or auctioneer.
“Mobile vendor” means an itinerant vendor who conducts business from a vehicle
or other conveyance upon public streets, sidewalks, alleys, or other public ways of
the City.
“Public celebration” means Independence Day activities or refers to any other kind
of public celebration designated by the City Council, such as Memorial Day or
Labor Day, and such events as sidewalk sales and street fairs, which may be
organized by the Pasco Downtown Development Association or Chamber of
Commerce and officially authorized by the City Council.
“Stationary vendor” means an itinerant vendor who conducts business from a
vehicle or other conveyance upon privately or publicly owned property, but not on
a public street, sidewalk, alley or public way of the City.
Pedestrian clear zone: Area of the sidewalk reserved for pedestrians and free of
elements such as street furniture, planters, fire hydrants, and street trees.
[Ord. 3560 § 11, 2002; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.020.]
5.75.0305.75.040 Exemptions.
The provisions of this chapter shall not be construed to apply to the following:
(1) Persons selling only fruits, vegetables, berries, eggs or any farm produce or
edibles raised, gathered, produced or manufactured by such persons in the State
of Washington per RCW 36.71.090.
(2) Persons selling only trees used for the celebration of the Christmas season.
[Ord. 2826 § 1, 1991; Code 1970 § 5.10A.030.]
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5.75.0405.75.050 Application.
Any person, firm, or corporation desiring to secure a license as a stationary or
mobile vendor shall make application through Business Licensing Service, and
supply supplemental information on forms to be provided by the City. Such
supplemental information shall provide:
(1) The name or names and address of the applicant; vehicle license numbers of
all vehicles from which the applicant proposes to conduct business; description
of the general type of goods, wares, merchandise or food proposed to be sold
by the applicant; the place or places where the applicant proposes to engage in
business;
(2) Each application shall be accompanied with the license fee as provided for in
this chapter;
(3) Each license application for a stationary vendor shall be accompanied with the
following information to establish compliance with PMC 5.75.090 and other
applicable code provisions:
(a) A notarized written authorization from the business owner to conduct the
applicant’s business at the place so noted on the application.
(b) A statement explaining the method of trash and litter disposal being
proposed by the vendor.
(c) A drawing of a scale not greater than 50 feet per inch and not less than 10
feet per inch, which drawing shall depict the following information:
(i) The portion of the property to be occupied by the business;
(ii) The portion of the property to be used for automobile parking and the
number of automobiles accommodated in said area;
(iii) The location of driveways providing ingress and egress to the
property;
(iv) The location of existing buildings and structures located on the
property, noting the use of each building or structure so identified.
Mobile vending in Pasco requires a Mobile Vending License, which may be issued
upon completion of application through the Business Licensing Service.
[Ord. 4372 § 24, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.040.]
5.75.050 Investigation and determination.
Upon receipt of the required supplemental information, the City Clerk shall cause
such investigation of such person’s or persons’ business responsibility to be made
as is deemed necessary to the protection of the public good and shall refer to the
application to the Community and Economic Development Department for its
determination as to compliance with standards and requirements of this chapter. An
application shall be denied by the City Clerk upon written findings that the
applicant’s business responsibility is unsatisfactory or that the proposed business
activity will violate any applicable law, rule or regulation. Any license issued under
this chapter shall contain the number on the license, the date same was issued, the
nature of the business authorized to be carried on, the amount of license fee paid,
Page 78 of 222
the expiration date of said license, the place where said business may be carried on
under such license and the name or names of the person or persons authorized to
carry on the same. The City Clerk shall keep a record of all licenses issued under
this chapter and shall promptly provide the Washington State Department of
Revenue a copy of any license issued under this chapter.
[Ord. 4372 § 25, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.050.]
5.75.060 Term of licenses.
All licenses shall be for a period of one year, unless otherwise provided therein.
[Ord. 4372 § 27, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.070.]
5.75.070 Exhibition of license – Transfer.
(1) Any license issued under this chapter shall be posted conspicuously at the place
of business authorized therein.
(2) Any license issued under this chapter shall not be transferred to any other
person, firm, corporation or location.
[Ord. 2826 § 1, 1991; Code 1970 § 5.10A.080.]
5.75.080 Health regulation.
All food vendors shall comply with all laws, rules and regulations regarding food
handling, and all vehicles used for the sale of food shall comply with all the laws,
rules and regulations respecting such vehicles as established by the Benton-
Franklin Health Department and as set forth in the Pasco Municipal Code.
[Ord. 2826 § 1, 1991; Code 1970 § 5.10A.090.]
5.75.090 Stationary vendor standards.
All stationary vendors licensed under this chapter shall conform to the following
standards:
(1) No stationary vendor shall be licensed for a location in a residential zoning
district or office district, as defined in PMC Title 25;
(2) Stationary vendors shall be licensed only at those sites on which there is a
permanent business operating and licensed under PMC Title 5;
(3) No stationary vendor shall locate his or her vehicle, other conveyance, or
temporary stand within 20 feet of any public right-of-way or within 20 feet of
the intersection of any public right-of-way and private driveway;
(4) No signs or signage shall be permitted other than that which can be contained
on the vehicle or conveyance utilized to sell food;
(5) No vehicle, other conveyance or temporary stand shall be located closer than
20 feet from any building or structure on the licensed property or adjoining
property;
Page 79 of 222
(6) No vehicle, other conveyance or temporary stand shall locate closer than 50
feet from flammable, combustible liquid or gas storage and dispensing
structures;
(7) All stationary vendors shall place at least one 30-gallon garbage receptacle
upon the site of business for customer use;
(8) Licensed stationary vendor sites shall be cleaned of all debris, trash and litter
at the conclusion of daily business activities;
(9) All merchandise, goods, wares or food shall only be displayed or offered for
sale from the vendor’s conveyance;
(10) All vehicles, other conveyances or temporary stands shall be equipped with at
least one 2A:40B:C fire extinguisher;
(11) No stationary vendor shall be licensed to locate a vehicle, other conveyance,
or temporary stand within 250 feet from another stationary vendor except
where vendors are separated by a public street;
(12) No stationary vendor may be licensed at a location if their vehicle, conveyance
or temporary stand diminishes required off-street parking for the permanent
business licensed on the site.
5.75.090 Mobile vendor typical locations
Mobile vendors shall obtain a Mobile Vending Permit, which specifies where and
when they may vend.
(1) Public or private property
Mobile vendors on public or private property, such as a vacant lot or parking lot,
are required to maintain an agreement with the property owner, either via the
Mobile Location Agreement completed for the Benton Franklin Health District
permit or through a notarized written authorization from the owner of the property
on which they plan to operate.
(2) Public Space Vending
(a) Mobile vendors may be permitted for use of one or more parking spaces,
sidewalk area, park area, or other public way. This area will be specified on the
Mobile Vending Permit, along with the hours during which they are permitted
to vend.
(b) Restrictions:
Mobile vendors shall not be authorized to vend in the following locations:
(i) Within bus stops, loading areas, or ADA parking spaces.
(ii) Within 5 feet of an alley or driveway apron.
(iii) Within 15 feet of a fire hydrant.
(iv) In any location that inhibits the operation, maintenance, visibility, or
functionality of any utilities or street fixtures.
(3) Route vending
Some Mobile vendors move more frequently and establish their typical
route with the Benton Franklin Health District. Their permit may not specify
their exact location, and thus they shall adhere to the following restrictions:
(a) Mobile Vendors may vend in legal parking spaces for up to two hours
per location.
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(b) Food carts may vend on sidewalks and public plazas for up to two hours
per location. Vendors must not obstruct wheelchair ramps or building
entrances. Their presence on the sidewalk shall not reduce the Pedestrian
Clear Zone to less than 3 feet.
[Ord. 3624 § 1, 2003; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.100.]
5.75.100 Mobile vendor standards.
All mobile vendors licensed under this chapter shall conform to the following
standards:
(1) Geographical Restrictions. No mobile vendor shall sell or vend from his or
her vehicle or conveyance:
(a) Within 400 feet of any public or private school grounds during the hours
of regular school session, classes, or school-related events in said public or
private school, except when authorized by said school; or
(b) Within 300 feet of the entrance to any business establishment offering as a
main featured item or items similar products for sale which is open for
business; or
(c) Within 300 feet of any restaurant, cafe, or eating establishment which is
open for business; or
(d) Within 300 feet of any public park of the City where any City-authorized
concession stand is located during times other than during the course of a
public celebration except as approved by the Parks and Recreation
Department of the City; or
(e) Within 300 feet of any public park of the City where any City authorized
concession stand is located during the course of a public celebration when
nonprofit organizations are permitted to engage in the sale of merchandise
and food in such park; or
(f) Within any one block for more than one hour in any four-hour period;
except this shall not apply in those situations where the mobile vendor is
serving organized and sanctioned community-sponsored ball games at
public parks and schools provided there is no City-approved concession in
the park or at the school.
(2) No mobile vendor shall conduct business so as to violate the traffic and
sidewalk ordinances of the City as now in effect or hereafter amended.
(3) No mobile vendor shall obstruct or cause to be obstructed the passage of any
sidewalk, street, avenue, alley or any other public place, by causing people to
congregate at or near the place where food is being sold or offered for sale.
(4) No customer shall be served on the street side of the mobile unit. All service
must be on the curb side when the mobile unit is on or abutting a public street.
(5) All mobile vendors shall provide garbage receptacles for customer use.
(6) No mobile vendor shall locate his or her vehicle or other conveyance in such
a manner as to cause a traffic hazard.
(7) At the conclusion of business activities at a given location the mobile vendor
shall clean all the public way surrounding his or her vehicle of all debris, trash
and litter generated by the vendor’s business activities.
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(8) All mobile vendors preparing food by cooking, frying or other means shall be
equipped with at least one 2A:40B:C fire extinguisher.
(9) All mobile vendors shall conclude daily business activities at sunset.
(1) Pedestrian and vehicular safety
(2) (a) No mobile vendor shall conduct business so as to violate the traffic
and sidewalk ordinances of the City as now in effect or hereafter amended.
(3) (b) No mobile vendor shall obstruct or cause to be obstructed the passage
of any sidewalk, street, avenue, alley or any other public place, by causing
people to congregate at or near the place where food is being sold or offered
for sale.
(4) (c) No customer shall be served on the street side of the mobile unit. All
service must be on the curb side when the mobile unit is on or abutting a
public street.
(5) All mobile vendors shall provide garbage receptacles for customer use.
(6) (d) No mobile vendor shall locate his or her vehicle or other conveyance
in such a manner as to cause a traffic hazard.
(e) Mobile vendors using sidewalk shall maintain 3 feet of pedestrian clear
zone.
(7) (2) At the conclusion of business activities at a given location, the mobile vendor
shall clean all the public way surrounding his or her vehicle of all debris, trash and
litter generated by the vendor’s business activities. Vendors associated with a
public or private lot shall provide a trash receptacle or otherwise ensure that their
space is kept clean.
(3) Fire safety
(a) It is recommended that Mobile Vendors using heat or flames are
inspected annually by the Pasco Fire Department.
(9) All mobile vendors shall conclude daily business activities at sunset. [Ord.
2826 § 1, 1991; Code 1970 § 5.10A.110.]
[Ord. 2826 § 1, 1991; Code 1970 § 5.10A.110.]
5.75.110 Revocation of license.
Any license issued pursuant to this chapter may be revoked, in writing, by the City
Manager Community & Economic Development Director for any of the following
causes:
(1) Any fraud, misrepresentation or false statement contained in the application
for license;
(2) Any fraud, misrepresentation or false statement made in connection with the
selling of products;
(3) Any violation of this chapter;
(4) Conviction of the licensee of any felony or of a misdemeanor involving moral
turpitude; or
(5) Conducting the business licensed under this chapter in an unlawful manner or
in such a manner as to constitute a breach of the peace or to constitute a menace
to the health, safety or general welfare of the public.
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[Ord. 2826 § 1, 1991; Code 1970 § 5.10A.120.]
5.75.120 Appeal.
Any person aggrieved by the denial of an application for a license or by the
revocation of a license as provided for in this chapter shall have the right to appeal
to the City Council City Hearing Examiner. Such appeal shall be taken by filing
with the City Clerk Community & Economic Development Director within 14
calendar days after the notice of decision has been mailed, by certified mail, to the
applicant’s or licensee’s last known address, a written statement setting forth the
grounds for the appeal. The Council shall set the time and place for hearing on such
appeal and notice of such hearing shall be given by certified mail to the appellant
at least five calendar days prior to the date fixed for such hearing. [Ord. 2826 § 1,
1991; Code 1970 § 5.10A.130.]
[Ord. 2826 § 1, 1991; Code 1970 § 5.10A.130.]
5.75.130 Penalty.
Any person, firm or corporation violating any of the provisions of this chapter shall
have committed a code infraction and shall be subject to the provisions of Chapter
1.40 PMC. The first offense shall be subject to a $100.00 penalty, the second
offense shall be subject to a $500.00 penalty, and the third offense in any two-year
period shall cause the vendor to be ineligible for a license under this chapter for a
period of 90 days.
[Ord. 3624 § 2, 2003; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.140.]
Section 4. Amending Section 25.15.080 F definitions of the Pasco Municipal Code.
25.15.080 F definitions.
A “factory-assembled home” is defined as either:
(a) A factory-built structure that was constructed in accordance with the U.S.
Department of Housing and Urban Development requirements and bearing
an appropriate Department of Labor and Industries insignia indicating such
compliance; or
(b) A factory-built structure designed for human occupancy, which is entirely
or substantially prefabricated or assembled at a place other than a building
site and is transported to a building site on streets or highways and there
affixed to a permanent foundation. A factory-assembled home must be
constructed to International Building Code standards as adopted by the City
of Pasco for on-site construction, the Washington State Energy Code and
all other codes adopted by the City of Pasco governing the construction of
residential structures.
(c) Where a “factory-assembled home” is permitted within a zoning
designation, it may be permitted only as one of the allowed housing types
Page 83 of 222
within that zone (e.g. single-family home), including as an accessory
dwelling unit; provided, it meets the applicable criteria for that housing type
and zoning designation.
“Family” means one or more persons (but not more than six unrelated persons)
living together as a single housekeeping unit. For purposes of this definition and
notwithstanding any other provision of this code, children with familial status
within the meaning of 42 USC § 3602(k) and persons with handicaps within the
meaning of 42 USC § 3602(h) will not be counted as unrelated person.
“Food Truck Park” is a lot that is primarily used for mobile vending, services
related to mobile vending, and mobile vending customers. This may be on a lot that
also contains a building, or on an open lot with no buildings. Food Truck Parks may
contain temporary or permanent seating areas, pathways, and other amenities to
support the outdoor dining experience. This definition does not apply to use of a
parking lot by one or more food trucks, whereby the primary function of the lot is
for parking.
[Ord. 4575 § 4, 2022; Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970
§§ 25.12.190 – 25.12.195.]
Section 5. Amending Section 25.130.100 Temporary business standards of the Pasco
Municipal Code.
25.130.100 Temporary business standards.
(1) Temporary businesses are only permitted on lots that are fully developed with
curb, gutter and sidewalk and improved with parking lots, landscaping and
buildings.
(2) Temporary businesses must be located at least 300 feet from the property line
of any residentially zoned property.
(3) Goods, wares and merchandise of any kind can only be displayed or offered
for sale from the temporary business vehicle or conveyance.
(4) Only one temporary business vehicle is permitted per licensee and lot or parcel.
(5) Temporary businesses must be located at least 300 feet apart.
(6) No ancillary or accessory equipment of any kind is permitted to be used with
a temporary business, including but not limited to: tables, chairs, benches,
picnic tables, umbrellas, propane tanks, tents, awnings, carport structures,
satellite dishes, recreational equipment, amusement devices, entertainment
equipment, portable or temporary shelters, portable heaters, temporary lighting
fixtures, decorative lighting, coolers not located on the business vehicle,
freezers/refrigerators not located on the business vehicle, carpet, fencing, and
faux landscape elements.
(7) No parking lot modifications are permitted for the location of temporary
businesses, including but not limited to: curbing, concrete slabs, decking and
patios.
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(8) Signage is only permitted on the temporary business vehicle and not on public
right-of-way or in parking lots.
(9) No advertising for services, activities and products that are not available on or
from the temporary business vehicle is permitted.
(10) Temporary businesses must be located at least 25 5’ feet from any public
right-of-way.
(11) Temporary businesses must locate in an area of the parking lot that will not
impede fire lanes or the use of drive aisles within and around parking lots.
(12) Required off-street parking cannot be diminished by the location and
operation of a temporary business.
(13) The above is not applicable to food trucks and other mobile vendors. These
businesses shall adhere to PMC 5.75 and PMC 25.165.215.
[Ord. 4288 § 1, 2016; Ord. 3972 § 3, 2010; Code 1970 § 25.58.095.]
Section 6. A new Section 25.165.215 Food truck parks, is added to Chapter 25.165 of the
Pasco Municipal Code to read as follows:.
Chapter 25.165
USE REGULATIONS
Sections:
25.165.010 Purpose.
25.165.020 Permitted land uses.
25.165.030 Accessory buildings.
25.165.040 Repealed.
25.165.050 Adult entertainment establishments.
25.165.060 Caretaker’s residence.
25.165.070 Communication towers.
25.165.080 Wireless communication facilities.
25.165.090 Compost boxes/piles.
25.165.100 Residential design standards.
25.165.110 Relocation of existing site-built dwellings.
25.165.120 Hazardous waste.
25.165.130 Natural resource uses.
25.165.140 Outdoor shops and sales.
25.165.150 Pawnshops and secondhand shops.
25.165.160 Consignment stores.
25.165.170 Thrift shops.
25.165.180 Tattoo parlor.
25.165.190 Temporary structures.
25.165.200 Vehicle-related uses.
25.165.205 Electric vehicle battery charging stations.
25.165.210 Wineries.
25.165.215 Food truck parks.
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25.165.215 Food Truck Parks.
(1) Purpose:
(a)_ To allow for Food Truck Parks as a semi-permanent land use where food
trucks and other mobile vendors can station themselves to provide regular
service to customers.
(b) To support small businesses and generate economic activity in Pasco by
creating hubs for local food, outdoor dining, light recreation, and gathering.
(c) To encourage mobile vending by creating centralized hubs for resources
such as commercial kitchens, bathrooms, and approved discharge areas.
Figure 12: Summer's Hub in Kennewick acts as a local hub for mobile vendors and customers. An on-site
commercial kitchen supports vendor operations, and a dining area with picnic tables and string lights invites
customers to eat and gather.
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Figure 2: A food truck park in West Hartford is developed with a paved path and features a seating area
surrounding a fire pit.
(2) Design and Operation Standards
Food Truck Parks, as defined in PMC 25.15.080, are subject to the following
general requirements:
(a) Design and use of site must adhere to all applicable laws that apply to
permanent use of the lot.
(b) All vendors must hold a Pasco Mobile Vending License.
(c) Any business-related discharge into the sanitary or sewer systems requires
the written approval from the City.
(d) The use of tents and membrane structures larger than 400 square feet
requires City approval to ensure compliance with IFC 3103.2 or most up-
to-date IFC guidance for tents and membrane structures.
(e) No structure or temporary use may be within five feet of any right-of-way.
(f) There must be adequate provisions made for dust and litter control.
(3) Food Truck Parks are not considered Temporary Businesses and are thus not
subject to Temporary Business standards or regulations.
(4) Permit and Application
(a) The applicant must submit the notarized written consent from the property
owner for the use of the premises if the applicant is not the owner.
(b) Applicant must possess a City of Pasco business license.
(c) The City of Pasco shall maintain an application and submittal requirements
to obtain a Food Truck Lot Permit.
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Section 7. Amending Section 25.127.070 of the Pasco Municipal Code.
25.127.070 Development standards.
(1) All structures, uses, and shoreline modifications shall comply with the City of
Pasco Shoreline Master Program (Chapter 29.15 PMC), where applicable.
(2) Minimum Density.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 14 units/net acre average for residential portions of
Osprey Pointe (net acre excludes infrastructure, such as roads, utility
easements, stormwater infrastructure, and excludes critical areas, and applies to
the entire Osprey Pointe rather than to individual developments). Additionally,
residential uses shall not comprise more than 50 percent of the gross land area
within Osprey Pointe.
(c) Residential uses: the minimum density is seven units per net acre. For the
purposes of this subsection, net acre excludes infrastructure (such as roads,
utility easements, stormwater infrastructure), excludes critical areas, and
excludes other unbuildable areas such as any required landscape buffer areas,
fire lanes and parking lots, and applies to the entire MU district rather than to
individual developments.
(3) Minimum Lot Area at Osprey Pointe.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 1,000 square feet (single-family detached), 1,500 square
feet per unit (duplex and single-family attached). There is no minimum lot area
for multifamily dwellings.
(4) Minimum Lot Width at Osprey Pointe.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 35 feet (single-family detached), 20 feet per unit (duplex
and single-family attached). There is no minimum lot width for multifamily
dwellings.
(5) Lot Coverage at Osprey Pointe. Dictated by parking requirements, setbacks
and landscaping.
(6) Dimensional Standards for Lots Not Located at Osprey Pointe. The following
standards shall apply except in cases of a binding site plan or zero -lot-line
development (in which cases there are no minimums):
(a) Minimum Lot Area.
(i) Commercial, office, education and government uses: none.
(ii) Residential uses: 1,000 square feet (single-family detached), 1,500
square feet per unit (duplex and single-family attached). There is no
minimum lot area for multifamily dwellings.
(b) Minimum Lot Width.
(i) Commercial, office, education and government uses: none.
(ii) Residential uses: 35 feet (single-family detached), 20 feet per unit
(duplex and single-family attached). There is no minimum lot width for
multifamily dwellings.
(c) Lot Coverage. All other uses: dictated by parking requirements, setbacks
and landscaping.
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(7) Minimum Yard Setbacks – Front.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 10 feet (single-family detached and attached, and
duplexes), 20 feet (garden-style apartments/condominiums), none for
multifamily adjacent to commercial areas or in mixed-use buildings.
(8) Minimum Yard Setbacks – Interior Side Yard.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: five feet (for primary structures in single-family detached
and attached, and duplexes; however, the minimum yard setback is reduced to
three feet where fire barriers are provided for buildings), 15 feet from other
buildings (garden-style apartments/condominiums), none for multifamily
adjacent to commercial areas, in mixed-use buildings or for zero-lot-line
development.
(9) Minimum Yard Setbacks – Street Side Yard and Rear.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 10 feet (single-family detached and attached, and
duplexes; however, the minimum setback for detached garages is three feet), 20
feet from other buildings (garden-style apartments/condominiums), none for
multifamily adjacent to commercial areas or in mixed-use buildings.
(10) Maximum Building Height.
(a) At Osprey Pointe.
(i) Commercial, office, education and government uses: 60 feet.
(ii) Residential uses: 35 feet (single-family detached and duplexes), 40 feet
(single-family attached and garden-style apartments/condominiums), 90 feet
(multifamily adjacent to commercial areas or in mixed-use buildings).
(b) At All Other Locations.
(i) Commercial, office, education and government uses: maximum 85 feet,
except a greater height may be approved by special permit.
(ii) Residential uses: maximum 15 feet for accessory buildings; maximum
40 feet for detached single-family, duplexes; maximum 45 feet for garden-style
courtyard apartments/condominiums; maximum 90 feet for multifamily
adjacent to commercial areas or in mixed-use buildings; except that in all cases
a greater height may be approved by special permit.
(iii) Nothing in this chapter precludes the use of rooftop decks or permitted
uses to be permitted on the roof; provided, that building codes are met.
(11) Fences and Hedges.
(a) Fences and walls shall meet the requirements of Chapter 25.180 PMC, with
the following exceptions:
(i) Fences and walls shall be constructed using a combination of natural
materials such as wood, stone, or brick, including those on industrially used
properties.
(ii) Barbed wire and electrified fencing are prohibited on all properties.
(12) Parking and Loading.
(a) All new uses in the MU district must provide parking in accordance with
Table 25.127(1). The Community and Economic Development Director may
approve ratios lower than the minimum if the new use provides bicycle parking,
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includes access to an improved bus stop, or will have shared parking spaces.
See subsections (12)(d), (e), and (f) of this section pertaining to parking
reductions. The Community and Economic Development Director shall
determine parking requirements for unlisted uses. Uses which are not listed in
the table shall have parking requirements of the nearest analogous use which is
included in the table, as determined by the Community and Economic
Development Director. If the number of minimum off-street parking spaces
required in Table 25.127(1) contains a fraction, the number shall be rounded up
if the fraction is equal to or greater than one-half, and rounded down if less than
one-half.
(b) On-street parking or off-street public parking lots may be used in
combination with dedicated off-street parking to accommodate parking demand
from individual developments.
(c) On-street and off-street public parking may be time-limited, metered, or
otherwise restricted in order to ensure that parking demand from individual
developments does not adversely impact parking availability for the district as
a whole and may be managed by either the Port (in the case of Osprey Pointe
property), City or an association/business entity (depending on public or private
ownership). Parking spaces must be located within 500 feet of the proposed use
unless the use is listed under the “Recreational and Entertainment Use” category
in Table 25.127(1) in which case parking may be located off site; provided, that
if the parking facility is under different ownership, a written agreement or lease
is required. No more than 30 percent of the minimum parking requirement for
an individual use may be on-street spaces or off-street public spaces more than
500 feet away from the proposed use except as noted above.
(d) Bicycle Parking Reduction. For every five bicycle parking spaces
provided, the number of vehicle parking spaces may be reduced by one up to
maximum of 10 percent of the minimum number of spaces otherwise required.
(e) Transit Reduction. If a site is within one-quarter mile of a current, planned,
or proposed public transportation facility or service, the required number of
parking stalls may be reduced by 10 percent.
(f) Shared Uses. Owners of two or more uses, structures, or parcels of land
within 500 feet of each other may share the same parking area when the hours
of operation do not overlap. Whenever shared parking is allowed under this
section, the parking lot shall be signed so as to reasonably notify the public of
the availability of use, and spaces shall not be assigned, allocated or reserved
between uses; a notarized and recorded parking agreement shall be required for
shared parking between two or more separate tax parcels under separate
ownership.
(g) Special event parking lots used on an infrequent basis such as those
associated with seasonal play fields shall be exempt from provisions of this
chapter.
(h) No boat, motor home, camp trailer, trailer, fifth wheel, pickup camper,
snowmobile, or utility trailer as defined in this title shall be stored or maintained
on any public street, right-of-way, or other public areas.
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Table 25.127(1). Number of Minimum Required and Maximum Allowed
Parking Spaces by Use in the MU District
Use
Category Minimum Maximum
COMMERCIAL, OFFICE, EDUCATIONAL, AND GOVERNMENT
USES
Churches,
places of
worship,
clubs,
fraternal
societies
1 per 100
square feet
of main
assembly
area
1 per 60
square feet
of main
assembly
area
Commercial
lodging
(hotel,
motel, bed
and
breakfast,
short-term
vacation
rentals)
0.5 per
room
1 per room
Educational
Uses
Elementary
schools
1 per
classroom
and 1 per
employee
1.5 per
classroom
Middle
schools
1 per
classroom
2 per
classroom
High school 7 per
classroom
10.5 per
classroom
Universities,
colleges,
business,
professional
, technical
and trade
schools
0.3 per full-
time
student and
0.8 per
employee
0.5 per FTE
student and
0.8 per
employee
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Use
Category Minimum Maximum
Gyms or
fitness
centers
3 per 1,000
square feet
of gross
floor area
5 per 1,000
square feet
of gross
floor area
Museums
and art
galleries
2.5 per
1,000
square feet
of gross
floor area
4 per 1,000
square feet
of gross
floor area
Offices:
administrati
ve,
professional
,
government
2 per 1,000
square feet
of gross
floor area
when
located on
the ground
floor; 1 per
1,000
square feet
of gross
floor area
when
located on
floors
above the
ground
floor
4 per 1,000
square feet
of gross
floor area
when
located on
the ground
floor; 1 per
1,000
square feet
of gross
floor area
when
located on
floors above
the ground
floor
Portable
food
vendors/foo
d trucks
None
required
None
required
Restaurants/
bars/
breweries,
wineries,
and
distilleries
0.5 per 3
seats
1.0 per 3
seats
Retail sales
and services
3 per 1,000
square feet
5 per 1,000
square feet
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Use
Category Minimum Maximum
of gross
floor area
of gross
floor area
Wholesale
sales
3 per 1,000
square feet
of gross
floor area
5 per 1,000
square feet
of gross
floor area
RESIDENTIAL USES
Single-
family
detached
1 per unit 2 per unit
Accessory
dwelling
units
0.5 per unit 1 per unit
Single-
family
attached and
two-family
dwellings
1 per unit 2 per unit
Multifamily
dwellings
0.75 per
unit
1.5 per unit
Nursing
homes and
assisted
living
facilities
0.25 per
bed
0.5 per bed
RECREATIONAL AND ENTERTAINMENT USES
Public and
private
parks and
trails
To be determined during land use approval
process
Event
entertainme
nt (indoor or
outdoor)*
1 per 8
seats
1 per 5 seats
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Use
Category Minimum Maximum
*Does not
apply to
parking for
special
events such
as but not
limited to
concerts or
performance
s with
conveyance
options
(such as
shuttle
buses or
vans) or
shared
parking
within
walking
distance
Theaters 1 per 4
seats
1 per 2.7
seats
INSTITUTIONAL USES
Hospitals
and clinics
1 per bed
or exam
room
1.5 per bed
or exam
room
Police and
fire stations
2 per 1,000
square feet
of gross
floor area
4 per 1,000
square feet
of gross
floor area
(13) Landscaping.
(a) Surface parking lots shall be landscaped in accordance with PMC
25.180.070.
(b) Single-family detached and attached residences and duplexes shall be
landscaped in accordance with PMC 25.180.050(4).
(c) Single-use commercial property shall be screened in accordance with PMC
25.180.050(3). Commercially used property in multistory and/or mixed-use
buildings is exempt from screening requirements.
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(d) No landscape areas shall contain artificial grass, trees, plants or other
artificial materials as a live vegetative substitute.
(e) There shall be at least one tree and three shrubs for every 300 square feet
of landscaped area.
(f) All landscape maintenance shall comply with the provisions of PMC
25.180.120.
(g) Road Frontage.
(i) Landscaped buffers on commercial properties adjacent to or across a
public or private street or alley from residentially zoned properties must be
a minimum of 15 feet in width and may additionally serve as a swale for
stormwater; provided, that at least 50 percent of the total area is vegetated.
Landscaped buffers may be substituted with a plaza with an average
minimum width of 30 feet featuring two or more of the following features:
street trees in pits, planters that are a minimum of three feet wide and three
feet tall featuring vegetation, space for shaded outdoor seating (permanent
or nonpermanent), benches, stamped concrete or pavers, protruding
awnings, planted beds, ledges for seating, public art, monument signage,
wayfinding signage; such plaza additionally serves to substitute for the need
of any sidewalk; provided, that an eight-foot-wide unobstructed walking
path is established and maintained.
(ii) Landscaping in the unused portion of the right-of-way shall match the
established landscaping pattern and theme for the street.
(h) Pedestrian Walkways.
(i) Excluding pedestrian connections through parking lots, walkways shall
be landscaped their entire length. Trees shall be a minimum of three feet
from sidewalks and curbs at the time of planting, except:
(A) Where tree wells are utilized.
(B) Where sidewalks exceed eight feet in width, in which case a
five-foot walking area shall be reserved.
(14) Transportation.
(a) The internal transportation network of Osprey Pointe shall be designed to
maximize multi-modal travel options.
(b) All transportation infrastructure shall meet the intent of the City Complete
Streets Ordinance (Chapter 12.15 PMC) and comply with the International Fire
Code. Dedication of public right-of-way is not required when private streets are
used.
(15) Design Standards (Transportation Osprey Pointe).
(a) Applicability. This section applies to development located at Osprey
Pointe.
(b) Speed limits: 20 miles per hour.
(c) Sidewalk Widths.
(i) Residential: minimum six feet.
(ii) Commercial/mixed use: minimum: 10 feet.
(d) Local Access Streets.
(i) Driving lane minimum width: 11 feet.
(ii) Parking lane minimum width: eight feet.
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(iii) Dedicated bicycle lane: minimum width: five feet (where included).
(e) Alleys.
(i) Minimum: 20-foot width.
(f) Private Street/Lane.
(i) Private street improvements for streets providing access to uses which
are not single-family residential shall meet the standards for local access
roads, at a minimum, with the exception being that sidewalk must be present
on at least one side and on-street parking must be present on one side. This
will result in a roadway section, with curb and gutter, that measures 31 feet
back-to-back of curb. Street lighting will be provided per the type chosen at
the developer’s discretion.
(ii) Private street improvements for streets providing access to single-
family residential uses shall be designed to meet International Fire Code
requirements for fire apparatus, including pavement markings and signage
for “No Parking – Fire Lane.” Sidewalks are not required when pedestrian
paths are provided with a design accommodating pedestrian circulation
which is separated from vehicle traffic movements. Streets lighting will be
provided per the type chosen at the developer’s discretion.
(iii) Private streets must not interfere with vehicle, public transportation,
or nonmotorized access to public areas, and may not preclude the
connection of the transportation system.
(iv) Stormwater facilities must be designed to treat and retain all
stormwater on site without any runoff entering City of Pasco right-of-way.
(v) Every private street within the district shall be named, and names shall
be clearly posted in accordance with the Manual on Uniform Traffic Control
Devices (MUTCD) standard.
(16) Design Standards (Transportation).
(a) Applicability. This subsection does not apply to development located at
Osprey Pointe.
(b) All street improvements, grades, widths, construction, and design shall
comply with the standards and specifications as set forth in the City’s adopted
Standard Specifications, except as otherwise contained in this section.
(c) Street layout must be designed for street connectivity between
neighborhoods, be pedestrian and bicycle friendly, and promote function, safety
and aesthetics with minimum adverse environmental impact.
(d) Block Length. Blocks shall not exceed 660 feet unless no other practicable
alternative is available, as determined by CED Director.
(i) Exemptions may be permitted when one or more of the following
conditions are met:
(A) Physical characteristics preclude a block length of 660 feet or less.
These conditions may include topography or the existence of physical
features, including but not limited to wetlands, ponds, streams,
channels, rivers, lakes or steep grades, or a resource under protection by
state or federal law.
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(B) Buildings or other existing development on adjacent lands, including
previously subdivided but vacant lots/parcels that physically preclude a
block length of 660 feet or less, considering the potential for redevelopment.
(C) Where the extension of a public street into the proposed development
would create a block length exceeding 660 feet, the total block length shall
be as close to 660 feet as possible.
(D) Where block length exceeds the provisions of this section, a mid-block
pedestrian and bicycle connection or accessway shall be provided.
(e) Cul-de-Sac Streets. Cul-de-sacs are not permitted. However, subject to the
following, a cul-de-sac street may be allowed where the CED Director
determines that environmental or topographical constraints, existing
development patterns, legal restrictions, or compliance with other applicable
City requirements preclude a street extension. Where the City determines that
a cul-de-sac is the only reasonable option, all of the following standards shall
be met:
(i) Cul-de-sac streets shall have a maximum length of 300 feet measured
from their centerline intersection with the public access street right-of-way
to the turnaround.
(ii) The cul-de-sac shall provide, or not preclude the opportunity to later
install, a pedestrian and bicycle access way between it and adjacent
developable lands.
(f) Private Streets. Private streets may be allowed subject to the following:
(i) Private street improvements shall meet the standards for local access
roads.
(ii) An enhanced pedestrian path may be provided in lieu of sidewalk
construction where the design to accommodate pedestrian circulation is
separated from vehicle traffic movements.
(iii) Street lighting will be provided per the type chosen at the developer’s
discretion.
(iv) Private streets must not interfere with vehicle, public transportation or
nonmotorized access to public areas, and may not preclude the connection
of the transportation system.
(v) Stormwater facilities must be designed to treat and retain all
stormwater on site without any runoff entering City of Pasco right-of-way.
(vi) Every private street within the district shall be named, and names shall
be clearly posted in accordance with the Manual on Uniform Traffic Control
Devices (MUTCD) standard.
(17) Building Design Standards.
(a) Applicability. This subsection does not apply to development located at
Osprey Pointe.
(b) Intent. The intent of this subsection is to implement the goals and policies
of the Comprehensive Plan by promoting high quality development using
aesthetically pleasing designs, creating a safe pedestrian-oriented streetscape,
upgrading Pasco’s visual identity, and reducing the impact of parking lots and
blank walls.
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(c) All buildings within a multi-building complex must achieve unity of design
through the use of similar architectural elements, such as roof form, exterior
building design and materials, colors and window patterns.
(d) All new buildings shall have exterior walls that are constructed of at least
one but not more than three of the following materials: wood, brick, s tucco,
steel, block, glass, or composite materials and shall have textured, embossed,
sculpted or painted finishes. Exterior walls must include more than two of the
following architectural features: columns, pilasters, belt courses, brackets,
arches, decorative molding, quoins and similar architectural features. Changes
in materials shall occur at inside corners and not outside corners.
(e) All new retail buildings shall have windows, doors or display areas that
cover 50 percent of the ground floor frontage wall area (walls that face frontage
streets). Structures facing residential zones or developments are not required to
have a minimum amount of glass or display area but must have architectural
design features and/or building modulation.
(f) Pedestrian entries for all structures shall be visible from the frontage street,
driveways, and off-street parking areas. Pedestrian entries must be emphasized
through landscaped entry approaches consistent with the building design and
theme, by the use of modulation to emphasize indentation or protrusion of that
portion of the building containing the entrance, or by the inclusion of porte-
cochere or other covered entry methods.
(g) Signage affixed to the building must be no higher than the roofline of the
building.
(h) Wall-mounted electrical and mechanical equipment shall be located on the
less visible side of the building and obscured from public view.
(i) Parklets and Public Space Cafés are allowed and shall adhere to standards
set forth in Chapter 5.52. Sidewalk Seating. Any food or drink establishment
may provide sidewalk seating for its customers adjacent to the place of business
meeting the following provisions:
(i) Five feet of unobstructed sidewalk must be maintained at all times for
through travel.
(ii) If the sidewalk is located in the right-of-way, the placement of tables
shall be subject to the filing of a satisfactory hold-harmless agreement and
primary liability insurance policy suitable to the City Attorney which will
indemnify the City and release it from liability.
(18) Screening Standards.
(a) Applicability. This subsection does not apply to development at Osprey
Pointe or residential development.
(b) All equipment, material or goods not housed or stored within the primary
structure shall be within a 100 percent sight-obscuring fence, wall or structure,
with the exception that outdoor garden sales areas associated with retail
buildings must additionally incorporate false walls in the fencing design that
match or complement the architectural features of the main building walls.
(c) Gas meters, electric service boxes and other mechanical equipment shall
be screened from public view by sight-obscuring fence, walls, or planting
materials. All equipment must remain accessible for the applicable utility.
Page 98 of 222
(19) Temporary Business Standards.
(a) Applicability. This subsection does not apply to development at Osprey
Pointe or to food trucks and other mobile vendors, which shall adhere to PMC
5.75 and PMC 25.165.
(b) Temporary businesses are only permitted on lots that are fully developed
with curb, gutter and sidewalk and improved with parking lots, landscaping and
buildings.
(c) Temporary businesses must be located at least 100 feet from the property
line of any residentially zoned property.
(d) Goods, wares and merchandise of any kind can only be displayed or
offered for sale from the temporary business vehicle or conveyance.
(e) Limited ancillary or accessory equipment may be utilized with a temporary
business and must be temporary in nature and easily removable, such as coolers,
umbrellas, tents, tables, and chairs. The following types of ancillary or
accessory equipment are not permitted to be used with a temporary business,
including but not limited to: benches, picnic tables, propane tanks, awnings,
carport structures, satellite dishes, recreational equipment, amusement devices,
entertainment equipment, portable or temporary shelters, portable heaters,
temporary lighting fixtures, decorative lighting, freezers/refrigerators not
located on the business vehicle, carpet, fencing, and faux landscape elements.
(f) Signage is only permitted on the temporary business vehicle and not on
public right-of-way or in parking lots.
(g) No advertising for services, activities and products that are not available
on or from the temporary business vehicle is permitted.
(h) Temporary businesses must be located at least 25 feet from any public
right-of-way.
(i) Temporary businesses must locate in an area of the parking lot that will not
impede fire lanes or the use of drive aisles within and around parking lots.
(j) Required off-street parking cannot be diminished by the location and
operation of a temporary business except such parking spaces may be used for
temporary businesses on weekends or holidays.
(20) Sign Standards.
(a) Applicability. This subsection does not apply to development located at
Osprey Pointe.
(b) No sign shall be erected, re-erected, constructed, painted, posted, applied
or structurally altered except as provided in this section and pursuant to the
approval of the Director of Community and Economic Development. All signs
shall comply with the International Building Code and PMC Title 17 and
conform to the following.
(c) Prohibited Signs.
(i) Signs, which by coloring, shape, wording or location resemble or
conflict with traffic control signs or devices; and
(ii) Signs that create a safety hazard.
(d) Permitted Signs.
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(i) Permanent subdivision signs or area name signs of a permanent
character at street entrances or entrances to a specific area or development.
These signs shall not exceed six feet in height;
(ii) Temporary banners, flags, pennants which are maintained in good
condition;
(iii) Contractor, architect or engineer signs that identify the project are
permitted during the period of construction;
(iv) Standard official, directional, informational, warning, or safety signs
and street signs; and
(v) Portable reader boards, flashing, movable, or moving signs; provided,
that such signs must not be located in view of any residentially zoned land
located within 300 feet of the sign.
(e) Nonconforming Signs.
(i) Signs that were permanently installed and legally erected prior to the
adoption of the ordinance codified in this chapter shall be allowed to remain
in use so long as they are continuously maintained.
(f) Relief.
(i) Where relief is sought from the provisions of this subsection pertaining
to signage standards, an application shall be made in the form of a letter
explaining the relief sought and the reasons therefor, accompanied by a
scaled site plan and a $100.00 fee. The complete application shall be filed
with the Director of Community and Economic Development. Within 15
working days from the date of receipt of a complete application, the Director
of Community and Economic Development shall issue a written decision to
approve, approve with modifications, or deny the request for relief. Any
decision of the Director of Community and Economic Development may be
appealed to the City Council if written notice of appeal, which shall include
all and exclusive reasons for said appeal, is filed with the Director of
Community and Economic Development within 10 working days from the
date of the decision. In the event a written decision is not issued by the
Director of Community and Economic Development within the required
time period, the application for relief shall automatically constitute a
qualified and properly filed notice of appeal and shall be considered by the
City Council in accordance with this section. The City Council, within 30
calendar days from the date of filing of the appeal, shall consider the appeal
at a regular meeting thereof, but such consideration shall be limited to the
reasons included in the written notice of appeal and shall include the written
decision of the Director of Community and Economic Development and the
reasons therefor. The City Council may affirm, modify or reverse the
decision of the Director of Community and Economic Development. [Ord.
4668A § 2, 2024; Ord. 4668 § 2, 2023; Ord. 4514 § 2, 2021.]
Page 100 of 222
Section 8. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 9. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 10. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
_______, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ____________________________
Page 101 of 222
AGENDA REPORT
FOR: City Council July 19, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 6/24/24
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Introduction of Limited Tax General Obligation Bond Ordinance (5
minutes)
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
New Limited Tax General Obligation Bond (LTGO) not to exceed $39M with
estimated average annual debt service of approximately $2.7M, depending
upon interest rate at issuance.
IV. HISTORY AND FACTS BRIEF:
The Broadmoor Tax Increment Area (TIA) was established on October 31,
2022, following the adoption of Ordinance No. 4618. This TIA encompasses
approximately 671 acres and is poised to become a major economic driver for
the Pasco community. The initiative aims to boost tax revenues to enhance city
services and create job and housing opportunities for local residents. The
associated public improvements are projected to cost around $39 million.
Since the establishment of the Broadmoor TIA, significant progress has been
made. The initial task involved large-scale grading to prepare for the
and irrigation, sewer, water, as of as roadways, new construction well
stormwater infrastructure. In 2023, the water, sewer, and irrigation utilities
issued concurrent support million $6.1 to debt bond revenue totaling
improvements in the Broadmoor TIA. Additionally, the sewer utility is utilizing
$1 further million from available expansion fee reserves to complete
improvements within the area.
Page 102 of 222
V. DISCUSSION:
Given the highly specialized and regulated nature of debt issuance, the City
collaborates with a "finance team" that includes financial advisors,
underwriters, and bond counsel, working alongside City staff. The initial
planning meeting for debt issuance began in March of this year.
Based on the progress made since the initial planning meeting, the staff is now
presenting the bonding plan for the issuance of Limited Tax General Obligation
Bonds (LTGO). These bonds, often referred to as councilmanic bonds, can be
issued by the legislative body of a municipal entity without voter approval.
Since voters have not been asked to approve additional taxes to support the
debt service payments required to repay the debt, existing General Fund
revenues must be used for this purpose. LTGO debt is backed by the full faith,
credit, and resources of the municipality.
Given the existence of the Broadmoor TIA, an additional funding source for the
debt service of this bond issuance is the incremental growth in property tax
revenues within the TIA. With the exception of property tax collections for the
Pasco School District and the State of Washington, all property tax receipts in
the Broadmoor TIA will be allocated to the City to support the associated debt
service.
Initial planning estimates for the roadway improvements had the City obtaining
debt financing of $24 million. However, a recently completed partnership
between the City, Pasco Public Facilities District (PPFD), and Broadmoor
Properties, has TIA, Broadmoor in the majority current the landowner
addressed complementary project needs and resources. Consequently, the full
debt value of $39 million is expected to be issued. Debt service will be shared
between the partners and dependent upon level of TIA property tax receipts.
this of approval the are process the bond in steps final The issuance
ordinance, achievement of a bond rating, and the bond sale. The sale of bonds
is anticipated to occur near the end of July 2024. Recent discussions with our
financial advisor suggest that, depending on market conditions, the interest
rate impact may be lower than initially expressed in this presentation. To
clearly communicate potential debt service risk, a higher than expected rate
has been factored into the calculation.
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DRAFT for Introduction 6/24/2024 Workshop
FG: 102496223.2
CITY OF PASCO, WASHINGTON
ORDINANCE NO. _____
AN ORDINANCE of the City of Pasco, Washington, relating to
contracting indebtedness; providing for the issuance, sale and delivery of not to
exceed $39,000,000 aggregate principal amount of limited tax general obligation
bonds to provide funds to make infrastructure improvements in respect of the
Broadmoor Increment Area designated by Ordinance No. 4618 and to pay the
costs of issuance and sale of the bonds; fixing or setting parameters with respect
to certain terms and covenants of the bonds; appointing the City’s designated
representative to approve the final terms of the sale of the bonds; and providing
for related matters.
Passed:
This document prepared by:
Foster Garvey P.C.
1111 Third Avenue, Suite 3000
Seattle, Washington 98101
(206) 447-4400
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FG: 102496223.2
TABLE OF CONTENTS*
Page
Section 1 . Definitions ...............................................................................................................1
Section 2 . Findings and Determinations...................................................................................4
Section 3 . Authorization of Bonds............................................................................................5
Section 4 . Description of the Bonds; Appointment of Designated Representative..................5
Section 5 . Bond Registrar; Registration and Transfer of Bonds ..............................................5
Section 6 . Form and Execution of Bonds.................................................................................7
Section 7 . Payment of Bonds....................................................................................................7
Section 8 . Funds and Accounts; Deposit of Bond Proceeds.....................................................7
Section 9 . Redemption Provisions and Purchase of Bonds......................................................8
Section 10 . Failure to Pay Bonds................................................................................................9
Section 11 . Pledge of Taxes and Tax Allocation Revenues.......................................................9
Section 12 . Tax Covenants.......................................................................................................10
Section 13 . Refunding or Defeasance of the Bonds.................................................................10
Section 14 . Sale and Delivery of the Bonds.............................................................................11
Section 15 . Official Statement; Continuing Disclosure............................................................11
Section 16 . Supplemental and Amendatory Ordinances ..........................................................12
Section 17 . General Authorization and Ratification.................................................................12
Section 18 . Severability............................................................................................................12
Section 19 . Effective Date of Ordinance..................................................................................12
Exhibit A Parameters for Final Terms
Exhibit B Form of Undertaking to Provide Continuing Disclosure
*The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and
shall not be used to resolve any question of interpretation of this ordinance.
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FG: 102496223.2
CITY OF PASCO, WASHINGTON
ORDINANCE NO. ____
AN ORDINANCE of the City of Pasco, Washington, relating to
contracting indebtedness; providing for the issuance, sale and delivery of not to
exceed $39,000,000 aggregate principal amount of limited tax general obligation
bonds to provide funds to make infrastructure improvements in respect of the
Broadmoor Increment Area designated by Ordinance No. 4618 and to pay the
costs of issuance and sale of the bonds; fixing or setting parameters with respect
to certain terms and covenants of the bonds; appointing the City’s designated
representative to approve the final terms of the sale of the bonds; and providing
for related matters.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as
follows:
Section 1. Definitions. As used in this ordinance, the following capitalized terms
shall have the following meanings:
(a) “Authorized Denomination” means $5,000 or any integral multiple thereof within
a maturity.
(b) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial
interest in that Bond.
(c) “Bond” means each bond issued pursuant to and for the purposes provided in this
ordinance.
(d) “Bond Counsel” means the firm of Foster Garvey P.C., its successor, or any other
attorney or firm of attorneys selected by the City with a nationally recognized standing as bond
counsel in the field of municipal finance.
(e) “Bond Fund” means the Limited Tax General Obligation Bond Fund, 2024, of the
City created for the payment of the principal of and interest on the Bonds.
(f) “Bond Purchase Contract” means an offer to purchase a Series of Bonds setting
forth certain terms and conditions of the issuance, sale and delivery of those Bonds, which offer
is authorized to be accepted by the Designated Representative on behalf of the City, if consistent
with this ordinance.
(g) “Bond Register” means the books or records maintained by the Bond Registrar for
the purpose of identifying ownership of each Bond.
(h) “Bond Registrar” means the Fiscal Agent, or any successor bond registrar
selected by the City.
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FG: 102496223.2
(i) “City” means the City of Pasco, Washington, a municipal corporation duly
organized and existing under the laws of the State.
(j)“City Clerk” means the City Clerk of the City or the successor to the functions of
that officer.
(k) “City Council” means the legislative authority of the City, as duly and regularly
constituted from time to time.
(l) “City Manager” means the City’s City Manager or such other officer of the City
who succeeds to substantially all of the responsibilities of that office.
(m) “Code” means the United States Internal Revenue Code of 1986, as amended, and
applicable rules and regulations promulgated thereunder.
(n) “DTC” means The Depository Trust Company, New York, New York, or its
nominee.
(o) “Designated Representative” means the officer of the City appointed in Section 4
of this ordinance to serve as the City’s designated representative in accordance with RCW
39.46.040(2).
(p) “Final Terms” means the terms and conditions for the sale of a Series of Bonds
including the amount, date or dates, denominations, interest rate or rates (or mechanism for
determining interest rate or rates), payment dates, final maturity, redemption rights, price, and
other terms or covenants.
(q) “Finance Director” means the City’s Finance Director or such other officer of the
City who succeeds to substantially all of the responsibilities of that office.
(r) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated
by the State from time to time.
(s) “Government Obligations” has the meaning given in RCW 39.53.010, as now in
effect or as may hereafter be amended.
(t)“Increment Area” has the meaning ascribed to such term in the Increment Area
Ordinance and includes the 671 acres of land designated by Section 2 of the Increment Area
Ordinance as the “Broadmoor Increment Area.”
(u)“Increment Area Ordinance” means Ordinance No. 4618, passed by the City
Council on October 31, 2022, designating the Increment Area and providing for related matters.
(v)“Increment Value” means 100 percent of any increase in the true and fair value of
real property in the Increment Area that is placed on the tax rolls after June 1, 2023.
(w) “Issue Date” means, with respect to a Bond, the date of initial issuance and
delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond.
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FG: 102496223.2
(x) “Letter of Representations” means the Blanket Issuer Letter of Representations
between the City and DTC dated August 31, 1998, as it may be amended from time to time, and
any successor or substitute letter relating to the operational procedures of the Securities
Depository.
(y)“Mayor” means the Mayor of the City or the successor to the functions of that
office.
(z) “MSRB” means the Municipal Securities Rulemaking Board.
(aa)“Official Statement” means an offering document, disclosure document, private
placement memorandum or substantially similar disclosure document provided to purchasers and
potential purchasers in connection with the initial offering of the Bonds in conformance with
Rule 15c2-12 or other applicable regulations of the SEC.
(bb) “Owner” means, without distinction, the Registered Owner and the Beneficial
Owner.
(cc) “Projects” means the public infrastructure improvements located within or
outside of and serving the Increment Area and identified in Section 4 of the Increment Area
Ordinance. Without limiting the foregoing, the term “Projects” includes:
(1) Water supply improvements needed to connect the Increment Area with
the City’s domestic water system to provide water service to the Increment
Area;
(2) Sewer and wastewater improvements needed to connect to the City’s
sanitary sewer system to provide sewer service to the Increment Area;
(3) Streets, roads, streetlights and other road improvements needed to serve
the Increment Area; and
(4) Costs related to the issuance, sale and delivery of the Bonds and incidental
costs incurred in connection with carrying out and accomplishing the
Projects, consistent with RCW 39.46.070.
(dd) “Project Account” means the account of the City created by the Finance Director
into which proceeds of the Bonds are deposited for the purpose of carrying out the Projects.
(ee) “Purchaser” means D.A. Davidson & Co. of Seattle, Washington, or such other
purchaser of the Bonds whose offer is accepted by the Designated Representative in accordance
with this ordinance.
(ff) “Rating Agency” means any nationally recognized rating agency then maintaining
a rating on the Bonds at the request of the City.
(gg) “Record Date” means the Bond Registrar’s close of business on the 15th day of
the month preceding an interest payment date. With respect to redemption of a Bond prior to its
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FG: 102496223.2
maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on
which the Bond Registrar sends the notice of redemption in accordance with Section 9.
(hh) “Registered Owner” means, with respect to a Bond, the person in whose name
that Bond is registered on the Bond Register. For so long as the City utilizes the book-entry only
system for the Bonds under the Letter of Representations, Registered Owner shall mean the
Securities Depository.
(ii) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the
Securities Exchange Act of 1934, as amended.
(jj) “SEC” means the United States Securities and Exchange Commission.
(kk) “Securities Depository” means DTC, any successor thereto, any substitute
securities depository selected by the City that is qualified under applicable laws and regulations
to provide the services proposed to be provided by it, or the nominee of any of the foregoing.
(ll)“Series of Bonds” or “Series” means a series of the Bonds issued pursuant to this
ordinance.
(mm) “State” means the State of Washington.
(nn) “System of Registration” means the system of registration for the City’s bonds and
other obligations set forth in Ordinance No. 2845 of the City.
(oo)“Tax Allocation Revenues” means those revenues derived from the imposition of
regular property taxes on the Increment Value.
(pp) “Term Bond” means each Bond designated as a Term Bond and subject to
mandatory redemption in the years and amounts set forth in the Bond Purchase Contract.
(qq) “Undertaking” means the undertaking to provide continuing disclosure entered
into pursuant to Section 15(c) of this ordinance.
Section 2. Findings and Determinations. The City takes note of the following facts
and makes the following findings and determinations:
(a)Authority and Description of Projects. Pursuant to the Increment Area
Ordinance, the City designated the Increment Area and identified the Projects to be paid, repaid
or reimbursed from Tax Allocation Revenues and/or limited tax general obligation bonds secured
by Tax Allocation Revenues and other regular property tax revenues, other lawfully available
revenues and the full faith, credit and resources of the City, including without limitation the
Bonds. The City is in need of the Projects to encourage major private development that will not
occur without the construction of the Projects. The City Council therefore finds that it is in the
best interests of the City to carry out the Projects.
(b)Plan of Financing. Pursuant to applicable law, including without limitation
chapters 39.36, 39.44, 39.46 and 39.114 RCW, the City is authorized to issue general obligation
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FG: 102496223.2
bonds for the purpose of paying, repaying or reimbursing costs of the Projects. The total
expected cost of the Projects is approximately $39,000,000, which is expected to be financed
with proceeds of the Bonds, other funds of the City and other sources.
(c)Debt Capacity. The maximum amount of indebtedness authorized by this
ordinance is $39,000,000. Based on the following facts, this amount is to be issued within the
amount permitted to be issued by the City for general municipal purposes without a vote:
(1) The assessed valuation of the taxable property within the City as
ascertained by the last preceding assessment for City purposes for
collection in the calendar year 2024 is $12,331,147,293.
(2) As of March 31, 2024, the City had limited tax general obligation
indebtedness, consisting of bonds, notes, leases and conditional sales
contracts outstanding in the principal amount of $37,876,000, which is
incurred within the limit of up to 1½% of the value of the taxable property
within the City permitted for general municipal purposes without a vote.
(3) As of March 31, 2024, the City had no outstanding unlimited tax general
obligation indebtedness.
(d)The Bonds. For the purpose of providing the funds necessary to pay or reimburse
costs of the Projects and to pay the costs of issuance and sale of the Bonds, the City Council
finds that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to the
Purchaser, pursuant to the terms set forth in the Bond Purchase Contract as approved by the
City’s Designated Representative consistent with this ordinance.
Section 3. Authorization of Bonds. The City is authorized to borrow money on the
credit of the City and issue negotiable limited tax general obligation bonds in one or more Series
evidencing indebtedness in the aggregate principal amount not to exceed $39,000,000 to provide
funds necessary to carry out the Projects and to pay the costs of issuance and sale of the Bonds.
The proceeds of the Bonds allocated to paying the cost of the Projects shall be deposited as set
forth in Section 8 of this ordinance and shall be used to carry out the Projects, or a portion of the
Projects, in such order of time as the City determines is advisable and practicable.
Section 4. Description of the Bonds; Appointment of Designated Representative.
The City Manager and the Finance Director each are appointed as the Designated Representative
of the City and each of them acting alone is authorized and directed to conduct the sale of the
Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve
the Final Terms of the Bonds, with such additional terms and covenants as the Designated
Representative deems advisable, within the parameters set forth in Exhibit A, which is attached
to this ordinance and incorporated by this reference.
Section 5. Bond Registrar; Registration and Transfer of Bonds.
(a)Registration of Bonds; Bond Register. Each Bond shall be issued only in
registered form as to both principal and interest and the ownership of each Bond shall be
recorded on the Bond Register. The Bond Register shall contain the name and mailing address
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FG: 102496223.2
of each Registered Owner and the principal amount and number of each Bond held by each
Registered Owner.
(b)Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond Registrar.
The Bond Registrar shall keep, or cause to be kept, the Bond Register, which shall be open to
inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to
authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the
Bonds and this ordinance, to serve as the City’s paying agent for the Bonds and to carry out all of
the Bond Registrar’s powers and duties under this ordinance and the System of Registration.
The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s
Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the
same rights it would have if it were not the Bond Registrar and, to the extent permitted by law,
may act as depository for and permit any of its officers or directors to act as members of, or in
any other capacity with respect to, any committee formed to protect the rights of Owners.
(c)Transfer or Exchange. A Bond surrendered to the Bond Registrar may be
exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal
amount and of the same interest rate and maturity. A Bond may be transferred only if endorsed
in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer
shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to
exchange any Bond or transfer registered ownership during the period between the applicable
Record Date and the next upcoming interest payment or redemption date.
(d)Securities Depository; Book-Entry Only Form. DTC is appointed as initial
Securities Depository. Each Bond initially shall be registered in the name of Cede & Co., as the
nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held
fully immobilized in book-entry only form by the Securities Depository in accordance with the
provisions of the Letter of Representations. Registered ownership of any Bond registered in the
name of the Securities Depository may not be transferred except: (i) to any successor Securities
Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any
person if the Bond is no longer to be held in book-entry only form. Upon the resignation of the
Securities Depository, or upon a termination of the services of the Securities Depository by the
City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository
resigns and the City does not appoint a substitute Securities Depository, or (ii) the City
terminates the services of the Securities Depository, the Bonds no longer shall be held in book-
entry only form and the registered ownership of each Bond may be transferred to any person as
provided in this ordinance.
Neither the City nor the Bond Registrar shall have any obligation to participants of any
Securities Depository or the persons for whom they act as nominees regarding accuracy of any
records maintained by the Securities Depository or its participants. Neither the City nor the
Bond Registrar shall be responsible for any notice that is permitted or required to be given to a
Registered Owner except such notice as is required to be given by the Bond Registrar to the
Securities Depository.
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FG: 102496223.2
Section 6. Form and Execution of Bonds.
(a)Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form
consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the
Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and
the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If
any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the
City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is
authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless
may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall
be as binding on the City as though that person had continued to be an officer of the City
authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person
who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds,
although he or she did not hold the required office on its Issue Date.
(b)Authentication. Only a Bond bearing a Certificate of Authentication in
substantially the following form, manually signed by the Bond Registrar, shall be valid or
obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate of
Authentication. This Bond is one of the fully registered City of Pasco, Washington, Limited Tax
General Obligation Bonds, [Series], described in the Bond Ordinance.” The authorized signing
of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has
been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance.
Section 7. Payment of Bonds. Principal of and interest on each Bond shall be
payable in lawful money of the United States of America. Principal of and interest on each Bond
registered in the name of the Securities Depository is payable in the manner set forth in the
Letter of Representations. Interest on each Bond not registered in the name of the Securities
Depository is payable by electronic transfer on the interest payment date, or by check or draft of
the Bond Registrar mailed on the interest payment date to the Registered Owner at the address
appearing on the Bond Register on the Record Date. The City is not required to make electronic
transfers except pursuant to a request by a Registered Owner in writing received on or prior to
the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not
registered in the name of the Securities Depository is payable upon presentation and surrender of
the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to
acceleration under any circumstances.
Section 8. Funds and Accounts; Deposit of Bond Proceeds.
(a)Bond Fund. The Bond Fund is created as a special fund of the City for the sole
purpose of paying principal of and interest on the Bonds. Accrued interest on the Bonds, if any,
shall be deposited into the Bond Fund. All amounts allocated to the payment of the principal of
and interest on the Bonds shall be deposited in the Bond Fund as necessary for the timely
payment of amounts due with respect to the Bonds. The principal of and interest on the Bonds
shall be paid out of the Bond Fund. Until needed for that purpose, the City may invest money in
the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained
in the Bond Fund and used for the purposes of that fund.
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FG: 102496223.2
(b)Project Account. The Project Account has been previously created as an account
of the City for the purpose of paying the costs of the Projects. Proceeds received from the sale
and delivery of the Bonds shall be deposited into the Project Account and used to pay the costs
of the Projects and costs of issuance of the Bonds. Until needed to pay such costs, the City may
invest those proceeds temporarily in any legal investment, and the investment earnings shall be
retained in the Project Account and used for the purposes of that fund, except that earnings
subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Project
Account and used for those tax or rebate purposes.
Section 9. Redemption Provisions and Purchase of Bonds.
(a)Optional Redemption. The Bonds shall be subject to redemption at the option of
the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase
Contract, consistent with the parameters set forth in Exhibit A.
(b)Mandatory Redemption. Each Bond that is designated as a Term Bond in the
Bond Purchase Contract, consistent with the parameters set forth in Exhibit A and except as set
forth below, shall be called for redemption at a price equal to the stated principal amount to be
redeemed, plus accrued interest, on the dates and in the amounts as set forth in the Bond
Purchase Contract. If a Term Bond is redeemed under the optional redemption provisions,
defeased or purchased by the City and surrendered for cancellation, the principal amount of the
Term Bond so redeemed, defeased or purchased (irrespective of its actual redemption or
purchase price) shall be credited against one or more scheduled mandatory redemption
installments for that Term Bond. The City shall determine the manner in which the credit is to
be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest
mandatory redemption date for that Term Bond for which notice of redemption has not already
been given.
(c)Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the
outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series
and maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity are to be
redeemed, the Securities Depository shall select Bonds registered in the name of the Securities
Depository to be redeemed in accordance with the Letter of Representations, and the Bond
Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond
Registrar shall determine. All or a portion of the principal amount of any Bond that is to be
redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding
principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar,
there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the
option of the Registered Owner) of the same Series, maturity and interest rate in any Authorized
Denomination in the aggregate principal amount to remain outstanding.
(d)Notice of Redemption. Notice of redemption of each Bond registered in the name
of the Securities Depository shall be given in accordance with the Letter of Representations.
Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given
by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for
redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing
on the Bond Register on the Record Date. The requirements of the preceding sentence shall be
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satisfied when notice has been mailed as so provided, whether or not it is actually received by an
Owner. In addition, the redemption notice shall be mailed or sent electronically within the same
period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such
other persons and with such additional information as the Finance Director shall determine, but
these additional mailings shall not be a condition precedent to the redemption of any Bond.
(e)Rescission of Optional Redemption Notice. In the case of an optional redemption,
the notice of redemption may state that the City retains the right to rescind the redemption notice
and the redemption by giving a notice of rescission to the affected Registered Owners at any time
on or prior to the date fixed for redemption. Any notice of optional redemption that is so
rescinded shall be of no effect, and each Bond for which a notice of redemption has been
rescinded shall remain outstanding.
(f)Effect of Redemption. Interest on each Bond called for redemption shall cease to
accrue on the date fixed for redemption, unless either the notice of optional redemption is
rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in
the Bond Fund or in a trust account established to refund or defease the Bond.
(g)Purchase of Bonds. The City reserves the right to purchase any or all of the
Bonds offered to the City or in the open market at any time at any price acceptable to the City
plus accrued interest to the date of purchase. All Bonds so purchased shall be canceled.
Section 10. Failure to Pay Bonds. If the principal of any Bond is not paid when the
Bond is properly presented at its maturity or date fixed for redemption, the City shall be
obligated to pay interest on that Bond at the same rate provided in the Bond from and after its
maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full
or until sufficient money for its payment in full is on deposit in the Bond Fund, or in a trust
account established to refund or defease the Bond, and the Bond has been called for payment by
giving notice of that call to the Registered Owner.
Section 11. Pledge of Taxes and Tax Allocation Revenues. The Bonds constitute a
general indebtedness of the City and are payable from tax revenues of the City, Tax Allocation
Revenues and such other money as is lawfully available and pledged by the City for the payment
of principal of and interest on the Bonds.
(a)Property Taxes. For as long as any of the Bonds are outstanding, the City
irrevocably pledges that it shall, in the manner provided by law within the constitutional and
statutory limitations provided by law without the assent of the voters, include in its annual
property tax levy amounts sufficient, together with other money that is lawfully available, to pay
principal of and interest on the Bonds as the same become due. The full faith, credit and
resources of the City are pledged irrevocably for the prompt payment of the principal of and
interest on the Bonds and such pledge shall be enforceable in mandamus against the City.
(b)Tax Allocation Revenues. The City irrevocably pledges to apply the Tax
Allocation Revenues to the payment of the principal of and premium, if any, and interest on the
Bonds when due. The City pledges and covenants to the fullest extent permitted by law, that the
City’s entitlement to the Tax Allocation Revenues shall be maintained, continued and enforced
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until the Bonds, including all principal and premium, if any, and interest, are fully paid and
retired. Upon receipt, Tax Allocation Revenues shall be used for the following purposes only and
shall be applied in the following order of priority:
(1) To pay interest on the Bonds when due;
(2) To pay principal of and premium, if any, on the Bonds when due, whether
at maturity or pursuant to mandatory sinking fund redemption or optional
redemption;
(3) To make payments when due under any reimbursement agreement entered
into in connection with bond insurance;
(4) To pay, repay or reimburse costs of the Projects;
(5) To repay or reimburse the City for payments of principal of and premium,
if any, and interest on the Bonds at any time made by the City from any
source other than Tax Allocation Revenues; and
(6) To retire by redemption or purchase any outstanding Bonds.
Section 12. Tax Covenants.
(a)Preservation of Tax Exemption for Interest on Bonds. The City covenants that it
will take all actions necessary to prevent interest on the Bonds from being included in gross
income for federal income tax purposes, and it will neither take any action nor make or permit
any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds that
will cause interest on the Bonds to be included in gross income for federal income tax purposes.
The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148
of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as
having complied) with those requirements in connection with the Bonds.
(b)Post-Issuance Compliance. The Finance Director is authorized and directed to
review and update the City’s written procedures to facilitate compliance by the City with the
covenants in this ordinance and the applicable requirements of the Code that must be satisfied
after the Issue Date to prevent interest on the Bonds from being included in gross income for
federal tax purposes.
Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding
bonds pursuant to State law or use money available from any other lawful source to carry out a
refunding or defeasance plan, which may include (a) paying when due the principal of and
interest on any or all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds
prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets
aside in a special trust fund or escrow account irrevocably pledged to that redemption or
defeasance (the “trust account”), money and/or Government Obligations maturing at a time or
times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds
in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in
the covenants of this ordinance and in the funds and accounts obligated to the payment of the
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defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall
have the right to receive payment of the principal of and interest on the defeased Bonds solely
from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that
event, the City may apply money remaining in any fund or account (other than the trust account)
established for the payment or redemption of the defeased Bonds to any lawful purpose.
Unless otherwise specified by the City in a refunding or defeasance plan, notice of
refunding or defeasance shall be given, and selection of Bonds for any partial refunding or
defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of
Bonds.
Section 14. Sale and Delivery of the Bonds.
(a)Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is
authorized to sell the Bonds in one or more Series by negotiated sale to the Purchaser, based on
the assessment of the Designated Representative of market conditions, in consultation with
appropriate City officials and staff, Bond Counsel and other advisors. In accepting the Final
Terms of each Series, the Designated Representative shall take into account those factors that, in
the judgment of the Designated Representative, may be expected to result in the lowest true
interest cost to the City. The Bond Purchase Contract for each Series shall set forth the Final
Terms. The Designated Representative is authorized to execute the Bond Purchase Contract for
each Series on behalf of the City, so long as the terms provided therein are consistent with the
terms of this ordinance.
(b)Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at
City expense and will be delivered to the Purchaser in accordance with the Bond Purchase
Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds.
Section 15. Official Statement; Continuing Disclosure.
(a)Preliminary Official Statement Deemed Final. The Designated Representative
shall review and, if acceptable to him or her, approve the preliminary Official Statement
prepared in connection with each sale of the Bonds to the public. For the sole purpose of the
Purchaser’s compliance with paragraph (b)(1) of Rule 15c2-12, the Designated Representative is
authorized to deem that preliminary Official Statement final as of its date, except for the
omission of information permitted to be omitted by Rule 15c2-12. The City approves the
distribution to potential purchasers of the Bonds of a preliminary Official Statement that has
been approved by the Designated Representative and been deemed final, if applicable, in
accordance with this subsection.
(b)Approval of Final Official Statement. The City approves the preparation of a final
Official Statement for the Bonds to be sold to the public in the form of the preliminary Official
Statement that has been approved and deemed final in accordance with subsection (a), with such
modifications and amendments as the Designated Representative deems necessary or desirable,
and further authorizes the Designated Representative to execute and deliver such final Official
Statement to the Purchaser if required under Rule 15c2-12. The City authorizes and approves the
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12
FG: 102496223.2
distribution by the Purchaser of the final Official Statement so executed and delivered to
purchasers and potential purchasers of the Bonds.
(c)Undertaking to Provide Continuing Disclosure. If necessary to meet the
requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a
participating underwriter for the Bonds, the Designated Representative is authorized to execute a
written undertaking to provide continuing disclosure for the benefit of holders of the Bonds in
substantially the form attached as Exhibit B.
Section 16. Supplemental and Amendatory Ordinances. The City may supplement or
amend this ordinance for any one or more of the following purposes without the consent of any
Owners of the Bonds:
(a) To add covenants and agreements that do not materially adversely affect the
interests of Owners, or to surrender any right or power reserved to or conferred upon the City.
(b) To cure any ambiguities, or to cure, correct or supplement any defective provision
contained in this ordinance in a manner that does not materially adversely affect the interest of
the Beneficial Owners of the Bonds.
Section 17. General Authorization and Ratification. The Designated Representative
and other appropriate officers of the City are severally authorized to take such actions and to
execute such documents as in their judgment may be necessary or desirable to carry out the
transactions contemplated in connection with this ordinance, and to do everything necessary for
the prompt delivery of the Bonds to the Purchaser and for the proper application, use and
investment of the proceeds of the Bonds. All actions taken prior to the effective date of this
ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the
terms of this ordinance are ratified and confirmed in all respects.
Section 18. Severability. The provisions of this ordinance are declared to be separate
and severable. If a court of competent jurisdiction, all appeals having been exhausted or all
appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as
to any person or circumstance, such offending provision shall, if feasible, be deemed to be
modified to be within the limits of enforceability or validity. However, if the offending
provision cannot be so modified, it shall be null and void with respect to the particular person or
circumstance, and all other provisions of this ordinance in all other respects, and the offending
provision with respect to all other persons and all other circumstances, shall remain valid and
enforceable.
Section 19. Effective Date of Ordinance. This ordinance shall take effect and be in
force from and after its passage and five days following its publication as provided by law.
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13
FG: 102496223.2
PASSED by the City Council and APPROVED by the Mayor of the City of Pasco,
Washington, at a regular open public meeting, this 3rd day of June, 2024.
Pete Serrano, Mayor
ATTEST:
Debra Barham, City Clerk
APPROVED AS TO FORM:
Foster Garvey P.C.
Bond Counsel
Page 118 of 222
Exhibit A
A-1
FG: 102496223.2
EXHIBIT A
DESCRIPTION OF THE BONDS
(a)Principal Amount.The Bonds may be issued in one or more Series and
shall not exceed the aggregate principal amount of
$39,000,000.
(b)Date or Dates.Each Bond of a Series shall be dated its Issue Date.
(c)Denominations, Name, etc.The Bonds shall be issued in Authorized Denominations
and shall be numbered separately in the manner and
shall bear any name and additional designation as
deemed necessary or appropriate by the Designated
Representative.
(d)Interest Rate(s).Each Bond shall bear interest at a fixed rate per annum
(computed on the basis of a 360-day year of twelve 30-
day months) from the Issue Date or from the most recent
date for which interest has been paid or duly provided
for, whichever is later. One or more rates of interest
may be fixed for each Series of Bonds. No rate of
interest for any Bond may exceed 6.00%, and the true
interest cost to the City for each Series of Bonds may
not exceed 5.50%.
(e)Payment Dates.Interest shall be payable at fixed rates semiannually on
dates acceptable to the Designated Representative,
commencing no later than one year following the Issue
Date of such Series of Bonds. Principal payments shall
commence on a date acceptable to the Designated
Representative and shall be payable at maturity or in
mandatory redemption installments annually thereafter,
on dates acceptable to the Designated Representative.
(f)Final Maturity.The Bonds shall mature no later than the date that is 25
years after the Issue Date.
(g)Redemption Rights.The Designated Representative may approve in the
Bond Purchase Contract provisions for the optional and
mandatory redemption of Bonds, subject to the
following:
(1) Optional Redemption. Any Bond may be
designated as being (A) subject to redemption at
the option of the City prior to its maturity date on
the dates and at the prices set forth in the Bond
Purchase Contract; or (B) not subject to
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A-2
FG: 102496223.2
redemption prior to its maturity date. If a Bond is
subject to optional redemption prior to its maturity,
it must be subject to such redemption on one or
more dates occurring not more than 10½ years
after the Issue Date.
(2) Mandatory Redemption. Any Bond may be
designated as a Term Bond, subject to mandatory
redemption prior to its maturity on the dates and in
the amounts set forth in the Bond Purchase
Contract.
(h)Price.The aggregate purchase price for the Bonds may not be
less than 98% or more than 140% of the stated principal
amount of the Bonds.
(i)Other Terms and Conditions.(1) The Bonds may not be issued if it would cause the
indebtedness of the City to exceed the City’s legal
debt capacity on the Issue Date.
(2) The Designated Representative may determine
whether it is in the City’s best interest to provide
for bond insurance or other credit enhancement;
and may accept such additional terms, conditions
and covenants as he or she may determine are in
the best interests of the City, consistent with this
ordinance.
Page 120 of 222
Exhibit B
B-1
FG: 102496223.2
[Form of]
UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE
City of Pasco, Washington
Limited Tax General Obligation Bonds, [Series]
The City of Pasco, Washington (the “City”), makes the following written Undertaking for
the benefit of holders of the above-referenced bonds (the “Bonds”), for the sole purpose of
assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as
applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined
below shall have the meanings given in Ordinance No. ____ of the City (the “Bond Ordinance”).
(a) Undertaking to Provide Annual Financial Information and Notice of Listed
Events. The City undertakes to provide or cause to be provided, either directly or through a
designated agent, to the MSRB, in an electronic format as prescribed by the MSRB,
accompanied by identifying information as prescribed by the MSRB:
(i) Annual financial information and operating data of the type included in the final
official statement for the Bonds and described in paragraph (b)(i) (“annual
financial information”);
(ii) Timely notice (not in excess of 10 business days after the occurrence of the event)
of the occurrence of any of the following events with respect to the Bonds:
(1) principal and interest payment delinquencies; (2) non-payment related
defaults, if material; (3) unscheduled draws on debt service reserves reflecting
financial difficulties; (4) unscheduled draws on credit enhancements reflecting
financial difficulties; (5) substitution of credit or liquidity providers, or their
failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue
Service of proposed or final determinations of taxability, Notice of Proposed Issue
(IRS Form 5701 – TEB) or other material notices or determinations with respect
to the tax status of the Bonds, or other material events affecting the tax status of
the Bonds; (7) modifications to rights of holders of the Bonds, if material;
(8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if
material, and tender offers; (9) defeasances; (10) release, substitution, or sale of
property securing repayment of the Bonds, if material; (11) rating changes;
(12) bankruptcy, insolvency, receivership or similar event of the City, as such
“Bankruptcy Events” are defined in Rule 15c2-12; (13) the consummation of a
merger, consolidation, or acquisition involving the City or the sale of all or
substantially all of the assets of the City other than in the ordinary course of
business, the entry into a definitive agreement to undertake such an action or the
termination of a definitive agreement relating to any such actions, other than
pursuant to its terms, if material; (14) appointment of a successor or additional
trustee or the change of name of a trustee, if material; (15) incurrence of a
financial obligation of the City or obligated person, if material, or agreement to
covenants, events of default, remedies, priority rights, or other similar terms of a
financial obligation of the City or obligated person, any of which affect security
holders, if material; and (16) default, event of acceleration, termination event,
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B-2
FG: 102496223.2
modification of terms, or other similar events under the terms of the financial
obligation of the City or obligated person, any of which reflect financial
difficulties. The term “financial obligation” means a (i) debt obligation; (ii)
derivative instrument entered into in connection with, or pledged as security or a
source of payment for, an existing or planned debt obligation; or (iii) guarantee of
(i) or (ii). The term “financial obligation” shall not include municipal securities
as to which a final official statement has been provided to the MSRB consistent
with Rule 15c2-12.
(iii) Timely notice of a failure by the City to provide the required annual financial
information described in paragraph (b)(i) on or before the date specified in
paragraph (b)(ii).
(b) Type of Annual Financial Information Undertaken to be Provided. The annual
financial information that the City undertakes to provide in paragraph (a):
(i) Shall consist of (1) annual financial statements prepared (except as noted in the
financial statements) in accordance with applicable generally accepted accounting
principles applicable to local governmental units of the State such as the City, as
such principles may be changed from time to time; (2) principal amount of
general obligation bonds outstanding at the end of the applicable fiscal year;
(3) assessed valuation for that fiscal year; (4) property tax levy amounts and rates
for that fiscal year; and (5) a statement of revenues for that fiscal year from any
other revenue sources pledged to the Bonds;
(ii) Shall be provided not later than the last day of the ninth month after the end of
each fiscal year of the City (currently, a fiscal year ending December 31), as such
fiscal year may be changed as required or permitted by State law, commencing
with the City’s fiscal year ending December 31, 20[__]; and
(iii) May be provided in a single or multiple documents, and may be incorporated by
specific reference to documents available to the public on the Internet website of
the MSRB or filed with the SEC.
If not submitted as part of the annual financial information described in paragraph (b)(i)
above, the City will provide or cause to be provided to the MSRB audited financial statements,
when and if available.
(c) Amendment of Undertaking. This Undertaking is subject to amendment after the
primary offering of the Bonds without the consent of any holder of any Bond, or of any broker,
dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB,
under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice
to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a
brief statement of the reasons for the amendment. If the amendment changes the type of annual
financial information to be provided, the annual financial information containing the amended
financial information will include a narrative explanation of the effect of that change on the type
of information to be provided.
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B-3
FG: 102496223.2
(d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the
holder of each Bond, and shall not inure to the benefit of or create any rights in any other person.
(e) Termination of Undertaking. The City’s obligations under this Undertaking shall
terminate upon the legal defeasance, maturity or prior redemption of all of the Bonds. In
addition, the City’s obligations under this Undertaking shall terminate if the provisions of Rule
15c2-12 that require the City to comply with this Undertaking become legally inapplicable in
respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to
the City, and the City provides timely notice of such termination to the MSRB.
(f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the
City learns of any failure to comply with this Undertaking, the City will proceed with due
diligence to cause such noncompliance to be corrected. No failure by the City or other obligated
person to comply with this Undertaking shall constitute a default in respect of the Bonds. The
sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated
person to comply with this Undertaking, including seeking an order of specific performance from
an appropriate court.
(g) Designation of Official Responsible to Administer Undertaking. The Finance
Director or designee is the person designated, in accordance with the Bond Ordinance, to carry
out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the
following actions:
(i) Preparing and filing the annual financial information undertaken to be provided in
paragraph (a)(i);
(ii) Determining whether any failure to provide the annual financial information
undertaken to be provided in paragraph (a)(i) has occurred and providing any
notice undertaken to be provided in paragraph (a)(iii);
(iii) Determining whether any event specified in items (1)-(16) of paragraph (a)(ii) has
occurred, assessing its materiality, where necessary, with respect to the Bonds,
and preparing and disseminating any notice undertaken to be provided in
paragraph (a)(ii) of its occurrence;
(iv) Determining whether any person other than the City is an “obligated person”
within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining
from such person an undertaking to provide any annual financial information and
notice of listed events for that person required under Rule 15c2-12;
(v) Selecting, engaging and compensating designated agents and consultants,
including, but not limited to financial advisors and legal counsel, to assist and
advise the City in carrying out this Undertaking; and
(vi) Effecting any necessary amendment of this Undertaking.
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FG: 102496223.2
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby
certify as follows:
1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on June 3, 2024 (the “Meeting”), as that ordinance
appears on the minute book of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City’s official newspaper, which publication date is June ____, 2024.
3. The Meeting was duly convened, held and included an opportunity for public
comment, in all respects in accordance with law; a quorum of the members of the City Council
was present throughout the meeting; and a majority of the members voted in the proper manner
for the passage of the Ordinance.
Dated: June ____, 2024.
CITY OF PASCO, WASHINGTON
Debra Barham, City Clerk
Page 124 of 222
Pasco City Council Meeting
June 24, 2024
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Tax Increment Financing
2
Generally, TIF captures property taxes
generated from increased assessed
valuation on the site that results from
private development following
infrastructure investment.
Washington State TIF law excludes State
property tax and voter approved school
levies.
Revenues from REGULAR property taxes
assessed against the Increment Value only, are
captured:
ü To pay “public improvement costs”
ü To repay bonds issued for “public
improvements”
Model
Chapter 39.114 RCW
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Tax Increment Financing
Tax Increment Financing (TIF) is a public financing method used
primarily for development, and infrastructure improvements.
TIF works by capturing the future increases in property taxes
generated by the development or redevelopment projects within a
designated area.
The incremental tax revenue is used to repay the initial investment
or to pay debt service on those investments.
This financing tool helps local governments stimulate economic
development without raising taxes or cutting services elsewhere.
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TIF Requirements
Establish a TIF Area
Project Analysis and Review
Financial Feasibility
Annual Reporting
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Broadmoor TIA Milestones
2021
RCW 39.114
– Allows
cities to
utilize Tax
Increment
Financing
2022
Council
adopts
Ordinance
4618
creating
Broadmoor
TIA
2023
Inter
change
Project
Started
2024
Public
Private
Partnership
LTGO Bond
Issuance
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Public Private Partnership
City of Pasco will pay for approximately 59%
of the debt service net of TIF revenues
(~1.6M).
Broadmoor Properties will pay for 33% of
the debt service net of TIF revenues
(~900K).
Pasco Public Facilities District will pay for
8% of the debt service net of TIF Revenues
(~220K).
Obligations subject to change with interest
factors.
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Bond Projects
Project Description
Cost
Estimate
Debt Service
Estimate
I-182 Interchange - East Bound Ramp & roundabout $11.5M 800K
Broadmoor & Burns Intersection & Widening 3.5M 242K
Broadmoor & Sandifur Intersection & Widening 4.8M 332K
Extension of Sandifur Road from Broadmoor to Rd 103 3.2M 222K
Extension of Sandifur from Rd 103 to Rd 105
2.7M 187K
Extension of Sandifur from Rd 105 to Rd 108, including roundabout 4.5M 311K
Extension of Rd 108 from Sandifur to Harris
3.0M 230K
Additional improvements, to be determined 5.5M 385K
Total $39.0M $2.7M
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Pasco City Council Meeting
June 24, 2024
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AGENDA REPORT
FOR: City Council June 17, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 6/24/24
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Capital Improvement Plan Introduction (10 minutes)
I. REFERENCE(S):
Presentation
Draft Communications Plan
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
What is a Capital Improvement Plan?
A Capital Improvement Plan (CIP) is a comprehensive, strategic blueprint that
outlines planned capital expenditures over a multi-year period, typically five to
ten years. The CIP encompasses major infrastructure projects such as the
construction and streets, parks, buildings, of maintenance and public
water/sewer systems. It serves as a long-term planning tool that helps the City
of Pasco (City) manage and prioritize capital projects, ensuring that critical
infrastructure in is developed and maintained a systematic and fiscally
responsible manner.
Importance of a CIP:
Strategic Planning:Helps the City identify and prioritize needs,
allowing for strategic allocation of resources.
Fiscal Responsibility: Promotes disciplined budgeting and financial
planning, aiding in the avoidance of unnecessary debt.
Transparency and Accountability:Provides a clear roadmap for
Page 133 of 222
stakeholders, including residents, businesses, and government officials,
fostering trust through transparent governance.
Coordination: Ensures coordination among various City departments
and aligns with broader city goals and objectives.
What a CIP is Not
Understanding what a CIP is not is equally important:
Not a Budget: While the CIP outlines planned expenditures, it does not
allocate funds. Actual funding decisions are made through the City’s
biennial budgeting process.
Not Static: The CIP is a dynamic document, subject to revisions based
on changing priorities, unforeseen circumstances, and financial realities.
Not a Detailed Project Plan: The CIP provides a high-level overview of
projects, not detailed project specifications or designs.
Factors in CIP Development
to factors critical various involves of the ensure development The CIP
comprehensive planning and alignment with community and City Council's
goals and workplan. These factors include:
Community Input
Listening Sessions: Conducting listening sessions with residents to gather their
input and feedback on priority projects and community needs. These sessions
provide a platform for direct community engagement and ensure that the CIP
reflects the voices of our residents.
Master Plans
Storm Water and Water System Utility Master Plans: Incorporating projects and
priorities from these master plans to address essential water infrastructure
needs, ensuring sustainability and resilience.
Parks, Recreation, and Open Space Master Plan: Aligning with this plan to
enhance community amenities, recreational facilities, and open spaces,
contributing to overall community well-being.
Downtown Master Plan: Including projects that support the revitalization and
development of the downtown area, promoting economic growth and urban
renewal.
Transportation System Master Plan: Integrating transportation projects to
improve connectivity, safety, and mobility for residents and businesses.
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External Partnerships
Collaborations: Working with regional and state agencies, non-profits, and
private sector partners to leverage resources, expertise, and funding for capital
projects. Partnerships can enhance the scope and impact of the CIP.
Building and Facilities Needs
Assessment: Evaluating the condition and needs of public buildings and
facilities to prioritize maintenance, upgrades, and new construction projects.
This ensures the City’s infrastructure supports effective service delivery.
Funding
The successful implementation of the CIP relies on securing diverse funding
sources to support the planned projects. The primary funding sources include:
General Fund: Allocations from the City’s general operating budget.
Grants: State, federal, and private grants designated for specific types
of infrastructure projects.
Bonds: Issuance of municipal bonds to raise capital for large-scale
projects, repaid over time through tax revenues or other City income.
Impact Fees: Fees collected from developers to fund infrastructure
improvements necessitated by new development.
Utility Revenues: Funds generated from water, sewer, and stormwater
utility fees dedicated to maintaining and upgrading utility infrastructure.
Public-Private Partnerships: Collaborative agreements with private
sector entities to finance and develop specific projects.
Special Assessments: Additional charges levied on properties that
benefit directly from specific infrastructure improvements.
Local Improvement Districts (LIDs): Areas where property owners
agree to fund infrastructure improvements through additional property
taxes or assessments.
Integration with the Transportation Improvement Plan
The CIP is closely integrated with the Transportation Improvement Plan (TIP),
which specifically focuses on transportation-related infrastructure projects. The
TIP includes projects such as road improvements, public transit upgrades, and
pedestrian/bicycle facilities. Key points of integration include:
Projects: of Coordination are TIP the in projects Transportation
incorporated into the broader CIP to ensure cohesive planning and
efficient use of resources.
and Prioritization Funding: projects evaluated are Transportation
alongside other capital projects to determine priorities and funding
allocation within the overall CIP framework.
Consistency with Strategic Goals: Both the TIP and CIP align with the
city’s strategic goals, ensuring transportation projects support broader
economic community development, sustainability, and livability
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objectives.
Role of the CIP in the Biennial Budgeting Process
The CIP plays a crucial role in the City’s biennial budgeting process by
providing a foundation for capital expenditure decisions. Here’s how the CIP is
utilized:
Budget Formulation: The CIP informs the development of the capital
budget by identifying projects that require funding in the upcoming
budget cycle.
Funding Allocation: Projects listed in the CIP are evaluated based on
priority, feasibility, and available funding, guiding the allocation of
resources in the biennial budget.
Financial Planning: The CIP helps in forecasting long-term financial
needs and obligations, facilitating prudent financial management and
debt planning.
Monitoring and Accountability: Once the biennial budget is approved,
the CIP serves as a reference for tracking the progress and
implementation of capital projects, ensuring accountability and
adherence to planned timelines and budgets.
V. DISCUSSION:
The draft 2025-2031 Capital Improvement Plan will be first presented in the
coming weeks, it will be a regular item over the next several months to provide
adequate time for discussion, prioritization, and adjustments.
Staff is in the process of developing an outreach and engagement plan. To
provide a framework a draft plan is attached.
Page 136 of 222
Pasco City Council Workshop
June 24, 2024
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Capital Improvement Plan
(CIP) Introduction
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What is a Capital Improvement Plan?
•Strategic blueprint that outlines planned capital expenditures over
a multi-year period.
•Encompasses major infrastructure projects.
•Long-term planning tool that helps the City of Pasco manage and
prioritize capital projects.
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Importance of a CIP
•Strategic Planning
•Fiscal Responsibility
•Transparency and Accountability
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What a CIP is not:
•A Budget
•Not static
•Not a detailed project planPa
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Factors in CIP Development
•Community Input
•Master Plans
•External Partnerships
•Building and Facilities Needs
•Funding Available
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Integration with the Transportation
Improvement Plan (TIP)
•Coordination of Projects
•Prioritization and Funding
•Consistency with Strategic Goals Pa
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Role of the CIP in the Biennial
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•Funding Allocation
•Financial Planning
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Communications & Outreach Plan
•Objectives: Inform and educate residents about the CIP, increase
community engagement, and ensure transparency and trust in
project updates.
•Key Audiences: Targets all Pasco residents, with a focus on those
impacted by infrastructure projects, local businesses, and civic
leaders.
•Engagement: Hold community and virtual sessions, take
feedback through website, and collaborative efforts with local
businesses, non-profits, and experts to maximize project
effectiveness and community benefits.
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Discussion and Questions?
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Pasco City Council Workshop
June 24, 2024
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Capital Improvement Plan
Outreach & Communications Plan
Pasco's Capital Improvement Plan (CIP) outlines our roadmap for major infrastructure
projects including public buildings, parks, streets, and water/sewer systems, spanning
the next five to ten years. This communication and outreach plan is designed to keep
residents informed and engaged with the updates to the CIP, reinforcing the City of
Pasco’s dedication to strategic growth and community enhancement.
Objectives
1. Inform and Educate: Clearly communicate the components and benefits of the
CIP to residents.
2. Increase Engagement: Encourage active participation from the community in
the planning and feedback process.
3. Promote Transparency and Trust: Provide ongoing updates to ensure the
community understands how projects are being prioritized and progress.
Target Audience
• Residents of Pasco: All community members, with special focus on those
directly affected by upcoming projects.
• Local Business Community: Especially those whose operations may be
influenced by infrastructure changes.
• Civic Leaders: To ensure alignment and support for project implementations.
Key Messages
• Commitment to Strategic Infrastructure Development: Emphasize the CIP's
role in facilitating planned and systematic enhancements to Pasco’s
infrastructure.
• Your Voice Matters: Highlight the importance of community input in shaping the
CIP through listening sessions and public forums.
• Transparency and Accountability: Communicate the ongoing process and
updates of the CIP to build trust and show fiscal responsibility.
Strategies & Tactics
Printed and Digital Content
• Optional: Informational Brochures and Flyers: Develop and distribute
materials that explain the CIP’s goals, processes, and impacts. Budget: $1,000
• Interactive Digital Content: Utilize the city’s website and social media to offer
detailed project updates and interactive maps.
Media Engagement
• Press Releases: Announce major milestones and public meetings.
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• Local Media Interviews: Engage with local news agencies for regular feature
segments on the CIP’s progress.
Online Presence and Social Media
• Dedicated CIP Update Section on City Website: Regularly updated with
project news, timelines, and impacts.
• Social Media Campaigns: Use platforms like Facebook, Twitter, and Instagram
to post updates, behind-the-scenes content, and public meeting announcements.
• Virtual Town Halls: Host live sessions where community members can ask
questions and provide feedback in real-time.
Community Engagement
• Public Forums and Workshops: Organize events in various neighborhoods to
gather feedback and discuss the CIP.
• Surveys and Polls: Conduct online and offline surveys to collect extensive
community input on project priorities.
• Educational Outreach: Partner with local schools and community centers to
provide educational materials about the CIP and its benefits.
Partnerships
• Collaboration with Local Businesses and Nonprofits: Engage with these
groups to gain support and foster partnerships that can enhance project
outcomes.
• Leverage External Expertise: Utilize relationships with regional planners,
engineers, and urban development experts to maximize the plan’s effectiveness.
Social Strategy
• Content Calendar: Develop and maintain a content calendar using tools like
Monday.com to manage postings and updates.
• Engagement Metrics: Monitor likes, shares, comments, and attendance at
public meetings to gauge interest and participation levels.
• Real-time Updates: Utilize social media stories and live broadcasts to provide
immediate insights into public forums and project developments.
Messaging Examples
Sample Social Media Post "
��� Major Step Forward!
����� We’re excited to announce
the commencement of the [Project Name] under our Capital Improvement Plan! This
project will enhance [specific benefit]. Stay tuned for updates and let us know your
thoughts! #PascoProgress #CommunityVoice"
Sample Radio Spot "Hello, Pasco! Stay connected with the future of our city through
our Capital Improvement Plan. From new parks to smoother roads, your input shapes
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our tomorrow. Visit our website or attend our next public forum to learn more and get
involved. Together, we're building a better Pasco!"
Key Performance Indicators
• Social Media Engagement: Target a 25% increase in engagement and a 15%
rise in followers annually.
• Public Meeting Attendance: Aim for a steady increase in attendance, reflecting
growing public interest and engagement.
• Feedback Volume and Quality: Track the quantity and quality of feedback to
ensure the CIP continues to align with community needs.
This comprehensive plan is designed to ensure that the Capital Improvement Plan not
only meets the infrastructural needs of Pasco but does so with the full support and
understanding of its residents, fostering a collaborative and forward-thinking community
spirit.
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AGENDA REPORT
FOR: City Council June 17, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 6/24/24
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Resolution - I-182 & Broadmoor Boulevard Interchange Project Change
Order No. 6 (5 minutes)
I. REFERENCE(S):
Resolution
Exhibit A - Change Order No. 6
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Awarded Construction Contract Amount $ 6,691,534.74
Change Order No. 1 – No. 4 $ 273,958.09
Change Order No. 5 $ 99,691.70
Change Order No. 6 $ 160,053.89
New Contract Total $ 7,225,238.42
IV. HISTORY AND FACTS BRIEF:
The existing freeway interchange (I/C) at Broadmoor Boulevard (Road 100)
and I-182 serves as the area's primary access point for a large segment of the
population in the westerly portion of the City of Pasco (City). As development
has have I/C existing the on the decade, past over occurred demands
increased proportionately. The cumulative effects of increased commercial
development to the south of the interstate; office and commercial uses along
Sandifur Boulevard; residential development east of Broadmoor Blvd./Rd. 100;
and development of Burns Road between Road 68 and Broadmoor Boulevard
have all served to fully utilize the existing I/C.
Several were improvements to the I/C identified in collaboration with
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Washington State Department of Transportation (WSDOT), Federal Highway
Administration (FHA), the City, and the local development community and a
consultant was hired to prepare design plans. The completed plans and
specifications were advertised for bid and on June 30, 2023, Council adopted
Resolution No. 4363, which awarded the construction contract to Nelson
Construction Corp., for the I-182 & Broadmoor Blvd. Interchange improvement
project. The I/C improvements include the construction of an additional
eastbound deceleration lane on I-182, a new looped off-ramp for northbound
Broadmoor Boulevard traffic, and a roundabout to replace the existing signal at
the eastbound on/off-ramps and Broadmoor Boulevard intersection.
Since the project’s initiation, several change orders have been identified,
reviewed, and approved under the authority delegated to either the Public
Works Director or City of Pasco Council. Previously approved Change Orders
(CO) No. 1 – No. 4 were approved under the authority of the Public Works
Director. CO No. 5 was approved by Council and executed on April 17, 2024.
CO No. 6 includes multiple changes due to differing site conditions found in the
field or additional items placed on the contract by WSDOT subsequent to their
approval of the plan set used in the bid documents.
The cost of CO No. 6, in the amount of $160,053.89, exceeds the Public Works
Director's delegated approval authority. Items in the change order include
electrical service modifications, additional drainage structures and piping,
changes to luminaire foundations, grading changes, and additional signage to
the looped off-ramp.
V. DISCUSSION:
Staff reviewed CO No. 6 and recommends approval in the amount of
$160,053.89, for the I-182 and Broadmoor Boulevard Interchange Project.
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Resolution – CO 6 – I-182 & Broadmoor Blvd Interchange Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON.
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
6 WITH NELSON CONSTRUCTION CORP. FOR THE I-182 & BROADMOOR
BOULEVARD INTERCHANGE PROJECT.
WHEREAS, the City of Pasco (City), and Nelson Construction Corp. entered into a
Construction Contract on June 30, 2023, for construction of the I-182 & Broadmoor Blvd.
Interchange Project; and
WHEREAS, I-182 & Broadmoor Blvd. Interchange Project addressed the need for a
deceleration lane on Eastbound I-182 offramp, a new loop ramp connecting to Northbound
Broadmoor Boulevard, a roundabout at the Eastbound Terminal of Broadmoor Boulevard, active
transportation improvements, and other work; and
WHEREAS, previously approved Change Orders Nos. 1 – 4 were under the authority
provided to the Public Works Director; and
WHEREAS, City Council approved Change Order No. 5 on April 15, 2024, as the
cumulative sum of the previously approved Change Orders Nos. 1-4, exceeded the City Manager’s
authority; and
WHEREAS, Change Order No. 6 addresses multiple changes to the contract that were
either the result of unforeseen site conditions or additional requirements placed on the contract by
the Washington State Department of Transportation (WSDOT); and
WHEREAS, the $160,053.89 amount of Change Order No. 6, added to the cumulative
sum of the previously approved Change Orders, exceeds the City Manager’s authority, and thus
determined to obtain Council Approval; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City to enter into Change Order No.
6 with Nelson Construction Corp.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of Change
Order No. 6 between the City of Pasco and Nelson Construction Corp. as attached hereto and
incorporated in Exhibit A, and
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Change Order No. 6 on behalf of the City of
Pasco, and
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Resolution – CO 6 – I-182 & Broadmoor Blvd Interchange Project - 2
Be It Further Resolved, that this resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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1
Juan Loyola
From:Tim Morgan <Tim.Morgan@oneatlas.com>
Sent:Tuesday, June 18, 2024 7:35 AM
To:Juan Loyola
Subject:RE: Change Order No. 6 - Powerpoint Presentation
Categories:Broadmoor Interchange
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Change Order No. 6 Approval –
Multiple Contract Changes
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I-182 & Broadmoor Blvd.
Interchange Overview
§Approximately 35% complete as of June 2024.
§I-182 Loop Off Ramp is complete and operating as of June 3.
§Project is currently scheduled for completion December 2024.
§Summary of Project Construction Costs
o Construction Contract Award w/Nelson Construction, Corp. (June 2023) = $6,691,534.74
o Change Order No. 1 – No.4 (Public Works Director Approval) = $273,958.09
o Change Order No. 5 (Council Approved and Executed on 4/17/24) = $99,691.70
o Change Order No. 6 (Council Approval) = $160,053.89
o New Total (All Changes) = $7,225,238.42
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PWRF
Improvements
Phase 3
I-182 & Broadmoor Blvd.
Interchange Project
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PWRF
Improvements
Phase 3
I-182 & Broadmoor Blvd.
Interchange Project
8-inch COW Water Force Main Installation
§The following Change Orders have been executed to date:
§#1. I-182 Guardrail and Terminals
§#2. Temp Barrier and Temporary Impact Attenuator
§#3. Fiber Line Relocation
§#4. Pinning of Temp Barrier, Grinding Existing Pavement & Misc. Items
§#5. Addition of Dowl and Tie Bars for PCCP
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Proposed Change Order N0. 6
§The following contract changes are needed to address unforeseen site
conditions and additional requirements placed by Washington State
Department of Transportation (WSDOT).
§1. Electrical Service Modifications
§2. Additional Drainage Structures
§3. Additional Depth to Luminaire Shaft Foundations
§4. Additional Grade Adjustments
§5. Additional Signage for the new Loop Off-Ramp
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Questions?
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AGENDA REPORT
FOR: City Council June 21, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 6/24/24
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Ordinance - Amending Pasco Municipal Code Section 3.35.160 Water
Utility to Include a Ten-Inch Line Rate (5 minutes)
I. REFERENCE(S):
Draft Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation
III. FISCAL IMPACT:
Varies
IV. HISTORY AND FACTS BRIEF:
Pasco Municipal Code (PMC) Section 3.35.160 Water Utility contains
numerous charges including but not limited to Water Utility billing monthly base
fees and Water system capital expansion/replacement charges. The water
system capital expansion/replacement charge is a onetime fee and is charged
to all properties at the time of connection.
The current PMC provides base fees up to meters 8-inch in size while the
Water system capital expansion/replacement charge provide a cost for up to
meters 10-inch in size. The City has the ability to allow the connection of a 10-
inch meter but no avenue to assess the monthly bill.
An overall rate study for all meter sizes was completed in 2021, which was the
basis for escalating rate changes for years 2022 through 2026 and was
considered and passed by the City Council of the City of Pasco on November
22, 2021
Staff recommends that certain amendments regarding Water User Fee are
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necessary and the 10-inch water line fee needs to be included the City's Water
Utility Fees list.
V. DISCUSSION:
Staff is seeking Council's approval of including a 10-inch water line rate in the
City's fees.
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Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE PASCO MUNICIPAL CODE SECTION 3.35.160 WATER
UTILITY, ADJUSTING THE WATER UTILITY BILLING RATES TO
INCLUDE A TEN INCH WATER LINE RATE.
WHEREAS, Pasco Municipal Code (PMC) Section 3.35.160 contains numerous charges
including, but not limited to, Water Utility billing monthly base fees and Water system capital
expansion/replacement charges; and
WHEREAS, the Water Utility base fee is recurring, which is the basis for the customer’s
monthly bill; and
WHEREAS, Water system capital expansion/replacement charge is a one-time fee and is
charged to all properties at the time of connection; and
WHEREAS, the current PMC provides base fees up to meters 8 -inch in size while the
Water system capital expansion/replacement charge provides a cost for up to meters 10-inch in
size; and
WHEREAS, the City has the ability to allow the connection of a 10-inch meter but no
avenue to assess the monthly bill; and
WHEREAS, an overall rate study for all meter sizes was completed in 2021, which was
the basis for escalating rate changes for years 2022 through 2026 and was considered and passed
by the City Council of the City of Pasco on November 22, 2021; and
WHEREAS, the City Council of the City of Pasco, Washington has determined that
certain amendments regarding Water User Fee are necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 3.35.160 entitled “Water utility effective January 1, 2022” of
the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
3.35.160 Water utility effective January 1, 2022.
Fee/Charge Reference
2021 2022 2023 2024 2025 2026
Inside city:
Consumption – per 100
cubic feet:
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Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 2
Fee/Charge Reference
2021 2022 2023 2024 2025 2026
Residential/commercial $0.88 $0.94 $1.00 $1.07 $1.12 $1.18 13.20.050
Bulk – per 1,000 gallons $1.45 $1.54 $1.64 $1.75 $1.84 $1.93 13.20.080
Residential – single-
family base fees:
3/4 and 5/8 inch – per
month
$20.55 $21.89 $23.31 $24.83 $26.07 $27.37 13.20.020
1 inch – per month $30.81 $32.82 $34.95 $37.22 $39.08 $41.03 13.20.020
Senior reduced/low income:
3/4 and 5/8 inch – per
month
$6.83 $7.27 $7.74 $8.24 $8.65 $9.08 3.65.150
1 inch – per month $10.30 $10.97 $11.68 $12.44 $13.06 $13.71 3.65.150
Commercial – base fees:
3/4 inch – per month $28.97 $30.85 $32.86 $35.00 $36.75 $38.59 13.20.030
1 inch – per month $42.37 $45.12 $48.05 $51.17 $53.73 $56.42 13.20.030
1-1/2 inch – per month $81.60 $86.90 $92.55 $98.57 $103.50 $108.68 13.20.030
2 inch – per month $130.86 $139.37 $148.43 $158.08 $165.98 $174.28 13.20.030
3 inch – per month $178.74 $190.36 $202.73 $215.91 $226.71 $238.05 13.20.030
4 inch – per month $257.54 $274.28 $292.11 $311.10 $326.66 $342.99 13.20.030
6 inch – per month $402.01 $428.14 $455.97 $485.61 $509.89 $535.38 13.20.030
8 inch – per month $557.10 $593.31 $631.88 $672.95 $706.60 $741.93 13.20.030
10 inch – per month $967.36 $1,015.73 $1,066.52 13.20.030
Fee/Charge Reference
Outside City; effective 11/1/02:
Consumption – per 100 cubic feet:
Residential/commercial 90% surcharge 13.20.090
Bulk – per 1,000 gallons 90% surcharge 13.20.090
Residential – single-family base fees:
3/4 and 5/8 inch – per month 90% surcharge 13.20.090
1 inch – per month 90% surcharge 13.20.090
Senior reduced/low income 90% surcharge 13.20.090
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Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 3
Fee/Charge Reference
Commercial – base fees:
All sizes 90% surcharge 13.20.090
Fee/Charge Reference
Fire hydrants:
Meter rental:
Refundable deposit
Not to exceed
110% of Cost, as
determined by
the Director of
Finance
13.20.080
Nonrefundable removal fee $30.00 13.20.080
Monthly base rental fee $62.00
Late payment and not returning meter
after 48 hrs. (per day)
$50.00
Hydrant rental – outside corporate
limits, per year
$20.00 13.20.070
Charges for water meters and services:
Meter and service costs equal to
average cost to City based on prior year
13.45.010
Move meter for owner Cost + 15% 13.30.060
Change meter size Cost + 15% 13.30.050
Water system capital expansion/replacement charges
Inside City limits:
3/4-inch meter $360.00 13.25.010
1-inch meter $601.00 13.25.010
1-1/2-inch meter $1,198 13.25.010
2-inch meter $1,918 13.25.010
3-inch meter $3,599 13.25.010
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Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 4
Fee/Charge Reference
4-inch meter $5,999 13.25.010
6-inch meter $11,995 13.25.010
8-inch meter $19,192 13.25.010
10-inch meter $27,591 13.25.010
Outside City limits:
3/4 – 10-inch meter 90% surcharge 13.25.020
Front footage (per foot):
Residential:
In and out City limits $20.00 13.45.020
Commercial:
In and out City limits $25.00 13.45.020
Square Footage (per sq. ft.):
Residential:
In and out City limits $0.0388 13.45.020
Commercial:
In and out City limits $0.0426 13.45.020
Water rights acquisition fee – per acre
foot
$4,150.00 13.45.060(2)
21.05.120(2)
Base water rights acquisition fee – per
residential (unit $4,150.00 per acre foot
x potable use factor .30)
$1,245.00 13.15.030(1)
Potable water irrigation fee (no
irrigation water available)
Equal to 50% of
the area of the
lot or parcel to
be served
expressed in
acres or portion
of acres x 3.5-
acre feet of water
x $4,150.00 (per
13.15.030(1)
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Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 5
Fee/Charge Reference
acre foot)
Water rights transfer fee $1,000.00 13.15.030(5)
[Ord. 4701A § 11, 2023, Ord. 4561 § 1, 2021; Ord. 4406 § 2, 2018; Ord. 4252, 2015; Ord. 4160,
2014; Ord. 4139, 2014; Ord. 3961, 2010; Ord. 3827, 2007; Ord. 3693 § 1, 2004; Ord. 3655,
2004; Ord. 3610, 2003; Ord. 3575, 2002; Ord. 3553, 2002; Ord. 3543, 2002; Code 1970
§ 3.07.160.]
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the val idity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
202_.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
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AGENDA REPORT
FOR: City Council June 20, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 6/24/24
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Connecting Housing to Infrastructure Program (CHIP) (5 minutes)
I. REFERENCE(S):
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Connection Housing to Infrastructure Program (CHIP) was created by the
Washington State Department of Commerce in 2021 to fund utility connections
for affordable housing. By covering the upfront costs of infrastructure and
connecting housing to municipal systems, the program makes affordable
housing projects more viable and helps bring more affordable housing units
online.
The program also helps local governments reduce per unit connection fees.
When utilities reduce or waive connection fees for affordable, multifamily or
infill projects, it can encourage development of more such housing options,
which tend to be more affordable and make more efficient use of costly
infrastructure.
Specifically, CHIP can:
Pay for onsite water, sewer and stormwater improvements for the
housing development.
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Pay for offsite water, sewer, and stormwater improvements in the right-
of-way, connecting to the development.
Reimburse waived system development charges for the project.
The 2023-25 funding biennium for CHIP opened for applications on August 1,
2023. A total of $55.5 million was available for local governments across the
state. A total of $45.5 million was awarded to organizations in 2023.
Grant Criteria:
Based on the criteria within the state capital budget, SB 5200 Sec 1021, (Laws
of 2023), and criteria developed by Commerce Department to ensure the terms
of the appropriation are met, grants must meet the following criteria:
Applicant must be a city, county or public utility district, applying in
coordination housing multi-unit a affordable developer the with of
project, located within a jurisdiction that imposed a sales and use tax
under RCW 82.14.530(1)(a)(ii), 82.14.530(1)(b)(i)(B), 82.14.540, or
84.52.105.
For system development charge waiver reimbursement, jurisdictions
must have an adopted fee waiver program, and documentation that the
fees have been waived for the affordable housing units by each provider
for water, sewer, and stormwater, in accordance with the budget.
The utility project must serve new multi-unit affordable housing projects
that serve and benefit low-income households. If the project is a mixed-
income project, the affordable portion of the development must be at
least 25%. CHIP funds can pay for the system development charges for
the affordable units.
The affordable housing project should be part of a program that will
monitor affordability for a minimum of 25 years, such as the Housing
Trust Fund, low-income housing tax credits, housing authority, or a city
monitoring process. A covenant and/or note and deed of trust may be
required as part of securitization to ensure affordability.
V. DISCUSSION:
In the fall of 2023, the City of Pasco was approached by a local development
company to support an application to the Department of Commerce CHIP
program for the development of an affordable housing rpoject, Tierra Vida
Phase III. The application was submitted, and subsequently awarded $2 million
dollars to faciliate the housing development for 120-units on A Street.
To meet the requirements of this grant funding, the City of Pasco must waive
all System Development Charges (SDC) associated with Tierra Vida III. These
charges will be reimbursed through CHIP grant funding. The city will continue
to collect its standard fees; however, the waiver of SDC is necessary for
reimbursement through the CHIP Grant.
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Staff is currently drafting an ordinance to meet the requirements of the grant
funding, The July. review your for in an have to intend and ordiannce
collaboration between local developers, landowners, and the City to apply for
and secure the grant in support of much-needed housing represents a highly
successful to partnership that implements strategies to increase access
housing and remove barriers for development. This is also the first award for
funding for a housing development in Franklin County. Since 2021, CHIP has
supported the development of nearly 7,800 affordable housing units across the
state, helping to create housing for the most vulnerable segments of our
population
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Connecting Housing to Infrastructure Program
•2023-2025 Connecting Housing to Infrastructure Program (CHIP)
•Reimburses local governments and public utilities districts for utility
connections;
•Applicant must be a city, county, or public utility;
•Must sponsor a new affordable housing project
•Affordable for 25 years or more
•Funding for utility infrastructure (on-site water, sewer, stormwater, ROW
connections) and System Development Charges.
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Connecting Housing to Infrastructure Program
•2023-2025 Connecting Housing to Infrastructure Program (CHIP)
•$55 million available for 2023-2025 biennium
•$46.5 million was awarded
•City of Pasco submitted application in 2023
•$2 million awarded (first application submitted/awarded)
•Jubilee Foundation, Tierra Vida Phase III (120 units)
•$4.2 million awarded between Pasco, Kennewick, Walla Wall a
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Connecting Housing to Infrastructure Program
Next Steps:
•Preparation of ordinance, return to Council in July for review/adoption.
•City is facilitator of grant, Commerce Dept responsible for managing and
oversight.
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AGENDA REPORT
FOR: City Council June 4, 2024
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 6/24/24
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Resolution - Project Acceptance for GESA Stadium Improvements (5
minutes)
I. REFERENCE(S):
Resolution
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
See below.
IV. HISTORY AND FACTS BRIEF:
The GESA Stadium Improvement project was awarded by Public Works bid
award to qualified contractor, Apollo, Inc. of Kennewick, WA on August 21,
2023, was Estimate Engineer's The amount of the in $1,705,265.10.
$1,960,200.00. The project is now complete and final construction costs were
$1,826,629.18.
There were 11 change orders issued for the project in the amount of
$121,364.08.
Formal acceptance of public works projects is required by State law and starts
the 45-day period within which an outside vendor, supplier or laborer would
have an opportunity to file a claim against this project pursuant to RCW
60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being
held by the City may be released upon receipt of the following:
An affidavit of no liens
Page 213 of 222
A release from the Department of Revenue that all taxes have been paid
A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
V. DISCUSSION:
Staff recommends the City Council's acceptance of the project as constructed
by the above listed contractor.
Page 214 of 222
Resolution - GESA Stadium Improvements Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY APOLLO INC., UNDER CONTRACT
FOR THE GESA STADIUM IMPROVEMENTS PROJECT.
WHEREAS, the work performed by Apollo Inc., under contract for Project No. 19997
GESA Stadium Improvements has been examined by City of Pasco (City) Staff and been found to
be in apparent compliance with the applicable project specifications and drawings; and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City Staff’s recommendation and thereby accepts the
work performed by Apollo Inc., under contract for Project No. 19997 GESA Stadium
Improvements as being completed in apparent compliance with the project specifications and
drawings.
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance.
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
Public Works Director and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 215 of 222
Pasco City Council Workshop
Meeting
June 24th , 2024
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GESA STADIUM – Stadium Improvements
Project # 19997
Contract awarded on August 21st,
2023, to Apollo Inc. for $1,705,265.10
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GESA STADIUM – Stadium Improvements Project
Before
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GESA STADIUM – Stadium Improvements
In Progress
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GESA STADIUM – Stadium Improvements
After
Final Construction Cost:$1,826,629.18
Change Orders: $121,364.08
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GESA STADIUM – Stadium Improvements
Construction Costs
$1,960,200.00Engineer’s Estimate
$1,705,265.10Bid Award
$121,364.08Change orders
$1,826,629.18Final Construction Costs
Change order AmountChange Order DescriptionChange Order No.
$36,356.97Additional 18 lockers1
$41,866.52Addition of new fire alarm system per Code2
$6,098.00Addition of Sheet Vinyl Flooring for Training room3
$25,053.73Mold abatements Home and Visitor Clubhouses4
$10,404.06Additional work to raise the waterline from 10’ deep to 42” deep5
$1,390.99Additional seven (7) outlet receptacles6
$2,074.07Repair 24’ of tile base in home shower and 8’ of tile base in visitor shower7
$1,003.35Add Sprinkler cages to heads above lockers in locker rooms8
$1869.14Add rubber base in rooms 107,109,112,112a,307,309,311, & 3129
$2,384.55Added Ceiling tile to rooms 107,109,307, and 30910
($7,137.28)
Patched CMU wall in Fire riser room.
Credits for omitting Door 114c, changing ridged conduit to EMT at locker rooms, and installing spray insulation instead of
ridged insulation in locker rooms.
Reconciliation of Project added sales tax to alternates not captured in AIA documentation and added sales tax omitted due
to math error.
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Questions?
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